Legally compliant<br>

We create your customized contracts
(ESOP & VSOP)

For start-ups (with/without investors)

For small businesses & agencies

For medium-sized companies

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"Incentivizing by sharing in the company's success is the only way to stand a chance in the war for talent."

Christian Miele,
President Federal Association
German Startups

Employee participation
- what is it actually?

Employee stock option plans (ESOPs) have been the talk of the town in recent years. What options do you have for giving your employees a share in the company's success? What forms of employee stock ownership are there? We will be happy to explain them to you.

Why? First and foremost, employee share ownership is a building block of a successful and sustainable strategy to attract, retain and motivate your employees. Click here to find out more about employee share ownership.

Employee participation - why?

Long-term
Employee retention
Long-term
Employee retention
Attracting
top talent
Attracting
top talent
Sustained
Motivation increase
Sustained
Motivation increase
Optimization of
own liquidity
Optimization of
own liquidity
Strengthening the corporate culture
& togetherness

Our fixed price offer

We create your ESOP and VSOP contract - adapted to the requirements, situation and goals of your company.

VSOP
ESOP
Your tailor-made participation program
Legal, legally compliant, fair - with the experience of hundreds of contracts
Business advice on your goals & options
Individual legal advice on your requirements
Development of your tailor-made program by specialized lawyers
Your complete set of contracts
Exit calculator & allocation agreement for employees
Clauses such as severance payment rights, buy-out and fade-out provisions
Legal assumption of liability & legal certainty
Optional: further components such as guidelines or presentations
MORE EXPERIENCE
Free of charge & non-biding

Book your initial consultation now

For start-ups (with/without investors)

For small businesses & agencies

For medium-sized companies

Your experts for employee participation

Dr. Christopher Hahn

Lawyer

Kolja Czudnochowski

Founder & Consultant

ESOP-Direkt.de is a service provided by ESOP1 GmbH in close cooperation with the law firm trustberg. We are entrepreneurs ourselves, Dr. Christopher Hahn is also the author of industry-relevant books (e.g. "Virtuelle Mitarbeiterbeteiligungen"). With the experience of over a hundred implemented participation programs, we know the individual requirements and goals of start-ups and SMEs.

Our
clients
"As a small company, it was extremely important for us to prevent staff turnover and incentivize employees in the long term. The VSOP is perfect for this."
- Michaela M.
Managing Director @ Consulting
"Thanks to our VSOP, we were able to recruit our first key employees quickly - despite significantly more attractive salary offers from other companies."
- Dawid R.
Founder @ Tech Start-Up
"I came up with the idea of an extensive bonus program, which became an efficient but lean participation program during the consulting process."
- Olaf G.
Managing Director @ Marketing Agency
"Thanks to the truly entrepreneurial legal advice, we have set up a perfectly fitting participation program for our colleagues."
- Hannes T.
Partner @ architecture office

Three reasons for
expert advice

The design of your participation program is highly dependent on the structures and circumstances of your company. In addition, there are numerous factors to consider from a company and employee perspective, which make individual consulting essential in order to avoid costly omissions.

1

Legal
Security

2

Save time

3

Avoid costly mistakes and
pitfalls

Avoid costly mistakes: why your contracts should be tailor-made

Whether with us or other experienced attorneys, we always recommend that you consult an attorney to structure your participation program in order to avoid mistakes and liability risks

Request advice
Sample contract from the Internet
Our tailor-made, legal contracts
Cheap to free of charge
From us at a transparent package price
Relevant clauses may be missing / are not known
Clarification & transparency about all potential clauses
Error-prone, possibly outdated and not legally compliant
Error-free, up-to-date and legally compliant
Risks and personal liability of the management
Assumption of liability through legal liability
Standardized and not adapted to your goals
Tailor-made for your goals and requirements
Lack of transparency regarding pitfalls, risks and solutions
Full information on design options and risks
Tailor-made contracts from a lawyer
From us at a transparent fixed price
Clarification & transparency about design options
Fault-free, contemporary and residual safe
Assumption of liability through legal liability
Tailor-made for your goals and requirements
Full transparency regarding your options and potential pitfalls
Sample contract from the Internet
Cheap to free of charge
Relevant clauses may be missing / are not known
Error-prone, possibly outdated and not legally compliant
Risks and personal liability of the management
Standardized and not adapted to your goals
Lack of transparency regarding pitfalls, risks and solutions

Our process

From initial contact to your investment program in just a few days.

1

Conversation to understand your needs

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We want to understand your company and your individual requirements in order to create your tailor-made participation program.

2

Personal consultation and preparation of contracts

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We advise you to find the right, targeted solution for your company & your employees - and draft the necessary contracts in a legal, appropriate and legally compliant manner.

3

Sending of your immediately usable contract work

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Within a few days, we create your tailor-made participation program - immediately applicable, legally compliant and target-oriented.

Information, examples, tips & more

Examples
Solutions

Bonus agreements as the key to motivation and employee retention: The advantages of the most important models

Bonus agreements should be individually tailored to the company. Depending on the industry, different benefits, incentives and targets must be agreed. The most important forms of bonus payments and their respective benefits are explained in more detail below.

Taxes
Examples
Solutions

Hurdle shares: Participation for managers and co-founders - long-term motivation and loyalty to the company

Hurdle shares, also known as "performance shares" or "growth shares", are a participation model that offers companies a flexible way of granting key employees a genuine stake in the company in order to strengthen management's identification with the company and retain them in the long term.

ESOP
VSOP
Taxes

Profit sharing: How can I give employees a share in the company's profits?

Profit-sharing is an attractive way of allowing employees to share in the company's success while increasing commitment and motivation. But how can such a model be implemented effectively in practice and what benefits does it really offer?

Taxes
Solutions
Examples

Employee participation through profit participation rights: an interesting way to ensure long-term employee loyalty and company development

In an increasingly competitive world, companies are looking for innovative ways to attract, retain and motivate talented professionals in the long term. Employee participation via profit participation rights has proven to be an effective tool for increasing employee performance and loyalty.

ESOP
Solutions

Why companies should not forego bonus programs and employee participation

Companies today face the challenge of attracting and retaining talented employees. Incentives such as bonus programs and employee participation have proven to be effective ways of increasing employee loyalty, motivation and productivity.

ESOP
VSOP
Examples

Employee participation in project success: a hybrid model of company shares and individual bonus payments

Employee participation is a proven means of promoting commitment and performance. An innovative approach combines the advantages of traditional employee participation in the company with individual bonus payments based on project performance.

ESOP
VSOP

Glossary: Important terms relating to employee participation

The legal and corporate strategy complexity associated with the introduction of employee participation programs entails a multitude of technical terms, abbreviations or special principles, each with great significance for the big picture. This glossary provides a basic overview.

ESOP
VSOP
Taxes
Solutions

ESOP checklist: Typical mistakes when introducing employee stock ownership plans

However, despite the obvious benefits and increasing popularity of these participation programs, companies also encounter challenges. There are specific mistakes that should be avoided to ensure the full effectiveness of employee share ownership programs.

VSOP
ESOP
Examples

Suitable ESOPs & VSOPs: entrepreneurs should consider this checklist before implementation

There are numerous aspects and options to consider when setting up a participation program. The following points are examples of some of the most common and important considerations that are crucial on the way to a tailored, effective participation program.

VSOP
ESOP
Examples
Solutions

Fair structuring of ESOPs and VSOPs: What do entrepreneurs need to consider?

If the agreement of a VSOP contains disadvantageous provisions to the detriment of the beneficiaries, the triggers of which lie solely in the decision-making power of the company or the investors and cannot be influenced by the beneficiaries, the virtual participation programme has failed in its purpose.

ESOP
VSOP
Examples

Why are employee share ownership schemes interesting for SMEs?

Often only associated with start-ups - in this article, we explain why employee participation is relevant far beyond the start-up scene and why it can also be an important instrument for SMEs.

ESOP
VSOP
Taxes
Examples

ESOP: Strong instrument, poor German implementation - VSOP as a solution

Employee participation is a key element of a successful and future-oriented corporate culture. A prominent model for this is the Employee Stock Ownership Plan (ESOP). Successfully implemented in many countries, the ESOP model has encountered considerable problems in Germany.

ESOP
VSOP
Examples
Solutions

Succession planning through employee participation - an early instrument for your succession

Entrepreneurs do not simply retire: they hand over their company to a successor. However, the search for a suitable successor is becoming increasingly complicated for a variety of reasons. The greatest challenge lies in demographic change: There are too few potential successors.

Examples
Solutions
ESOP
VSOP

Preparing company succession with employee shareholdings

Germany as a business location is characterized by small and medium-sized enterprises (SMEs). The 3.6 million SMEs here generate around half of the gross national product. They also employ around 60 % of Germany's workforce subject to social insurance contributions.

Examples
Solutions

6 typical mistakes when involving employees

Employee ownership in companies is increasingly used as an instrument for employee motivation and retention, both in startups and SMEs. Companies with employee ownership are on average significantly more productive than comparable companies without employee ownership.

ESOP
VSOP
Examples
Solutions

Employee recruitment through employee stock ownership - a powerful tool for German SMEs

In recent years, German SMEs have had a huge problem: attracting new employees. It is even more difficult to attract skilled workers if you cannot pay high salaries. Nevertheless, you have the opportunity to attract top trained specialists - namely with employee shareholdings.

Solutions
Examples

Prepare company succession: Here's how!

For a long time, company succession worked according to the principle: the eldest son or, in a pinch, the daughter, a younger son or a nephew continue to run the company if the previous company manager wanted to pass on the baton. In some companies, business succession still works this way.

Examples
Solutions

Employee motivation - contemporary instruments for your company

Motivating your employees is more important than ever in times of a shortage of skilled workers. Top employees of generations Y and Z in particular attach great importance to their working environment. Flexibility and appreciation are important to them. There are various concepts for employee motivation.

VSOP
ESOP
Solutions

Exit of involved employees: Bad Leaver vs. Good Leaver

In the modern and fast-moving world of work, it is increasingly important for companies to attract, motivate and retain qualified employees in the long term. Innovative companies, especially start-ups and SMEs, are therefore increasingly using employee stock ownership programs such as ESOPs or VSOPs.

Examples

Attracting high potentials: What do they look for when selecting a job?

Almost all companies are subject to daily competition. If you want to be better than your competitors, you need to have top employees who can easily cope with new challenges and innovations. However, turnover is particularly high at the higher levels in the hierarchy.

VSOP
ESOP
Solutions

Employee retention - possible measures by the employer

Skills shortages, demographic change and other changes in the world of work mean that employers are constantly having to come up with new measures to attract, motivate and retain employees in the long term. Let's take a closer look at some of the most relevant measures!

ESOP
VSOP
Taxes

The key differences: ESOP vs. VSOP - real and virtual employee stock options

Employee shareholdings, especially in start-ups, aim to give employees a direct stake in the success and growth of the company instead of paying them a high salary. In addition, such shareholdings give employees real voting rights and allow them to significantly influence entrepreneurial decisions.

VSOP
ESOP
Examples

Practical examples: Real and virtual employee shareholdings

With real and virtual employee stock ownership plans (ESOP/VSOP), employees can participate directly in the success of "their" company. As an employer, you not only increase your attractiveness on the labor market, but also create constant performance incentives during the ongoing employment relationship.

VSOP

The virtual employee stock ownership plan (VSOP) at a glance

In the case of virtual stock option plans (VSOPs), employees are given largely the same economic status as a real shareholder by means of a contractual agreement, without actually participating in the company's share capital.

ESOP
Taxes
VSOP

Tax treatment of real and virtual employee stock options

Employee share ownership offers companies the opportunity to allow their employees to participate directly or indirectly in the company's success. Through participation, employees receive direct consideration and financial recognition for their own (increased) performance.

VSOP
Examples

What aspects employees look for in VSOP contracts

Virtual employee stock ownership plans (VSOPs) are an excellent way of circumventing the disadvantages - particularly in terms of administrative effort - of "real" shareholdings. VSOP contracts also have some tax advantages. However, employees should be aware of certain clauses that may be disadvantageous to them.

VSOP

Exit and profit sharing at VSOP - what's behind it?

VSOPs are virtual stock option plans. In this way, the employer gives the employee a share in the company's success without real company shares (such as GmbH shares or stock) changing hands.

ESOP
VSOP
Solutions

Cliff and Vesting Period: Basics of ESOPs and VSOPs

Employee stock ownership plans create attractive incentives for employees in key positions. At the same time, ESOPs and VSOPs (real and virtual shareholdings) are a proven means of increasing motivation and loyalty to the employer.

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Founder & Consultant

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