The terms in the Hive Mind are general in nature.
You should always refer the definitions in your plan rules, trust deed, shareholder agreement or company's constitution.
If you disagree, don't understand one of terms meanings or would like us to add a new term please email us at support@mySharePlan.app
If you would like any more information on mySharePlan please email us at support@mySharePlan.app
Privacy Policy Terms and Conditions
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mySharePlan respects your privacy mySharePlan Plus Pty Ltd (ABN XX XXX XXX XXX) trading as MyShareplan.app (referred to as mySharePlan.app, “us”, “we” or “our”) are committed to protecting the privacy of the personal information that we collect and complying with the Privacy Act 1988(Cth) (“the Privacy Act”). This Privacy Policy sets out how we comply with our privacy obligations and how we collect and manage the personal information that you provide us. By submitting personal information to us, you agree to our use of your personal information as described herein. Your use of all websites owned or operated on behalf of MySharePlan including those available or via https://myShareplan.app/ is subject to this Privacy Policy.
What is your personal information?
The term “personal information” has the meaning given to it in the Privacy Act. Personal Information includes information or an opinion about an identified individual, or an individual who is reasonably identifiable from the information or opinion. In summary, personal information is any information about you that can be linked to you.
What personal information do we collect and hold?
The personal information collected may consist of your name, address, telephone number, email address, unique site access id, contact information, details of services you have used or enquired about or other information about you. Sensitive information is a specific category of personal information. Such information includes membership of a trade union or a profession or trade association, health information, criminal record and the like. We do not usually collect sensitive information about you in relation to your engagement with us. If we do, we will get your specific consent to the collection and use of this information.
We collect some information that is not personal information because it is not linked to you or any other identifiable person. For example, we collect financial information such as balance sheet and profit and loss information to provide the requested information as per the relevant subscription service. None of this information is reproduced in any identifiable form. Some of the information supplied may be aggregated and used as part of a statistical sample such as benchmarking, but will never be used in the format supplied or made identifiable to any internal or external party.
How do we collect and hold your personal information?
We collect your personal information directly from you or via the MySharePlan Website in order for you to use our services unless it is unreasonable or impracticable to do so. We may also collect personal information from third parties including:
Terms of use
This website (www.myshareplan.app Website”) is owned and operated by MySharePlan Pty Ltd (ABN XX XXX XXX XXX) (collectively referred to as “myshareplan.app”, “we,” “us,” or “our” herein)
These terms and conditions govern the use of the website Domain name https://myshareplan.app (the “Website”)
Access via https://myshareplan.app (the “Home page”) (hereinafter the “Website”).
For more information, please email: support@myshareplan.app By accessing and using the Website you unreservedly accept the following terms and conditions (“Terms”) and agree to be bound by them. MySharePlan reserves the right to modify the provisions of these Terms and advises the user to refer to them each time you use or access the Website. If any provision of these Terms is not applicable or contrary to any legislative provision currently in force, this exemption will not affect the validity or application of any remaining provisions.
These Terms govern only the use of the Website and are to be read in conjunction with the specific licensing terms of Myshareplan.app, which apply to the legal relationship between Myshareplan.app and its customers in relation to their subscription and their use of specific services and materials provided by Myshareplan.app via the Website and are subject to the Myshareplan.app Privacy Policy. The Website is for use via subscription only by the group of persons (in most cases being accountants, financial advisers and lawyers) specified in the applicable license terms for direct interaction with their clients.
MySharePlan shall endeavour, where possible, to give access to Myshareplan.app 24 hours a day, 7 days a week, but gives no guarantee in this regard.
From time to time, such access may be interrupted, for example, for purposes of maintenance and updating, or because of outages or other technical causes.
Intellectual property
No material from Myshareplan.app or on the Website may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except with the express written permission of Myshareplan.app, and provided you keep intact all copyright and other proprietary notices. Modification of the materials or use of the materials for any other purpose is a violation of Myshareplan.app copyright and other proprietary rights.
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Processing of personal data
Please read our Privacy Policy
Websites outside of the domains and subdomains of Myshareplan.app in particular websites to which the user may be referred to using hyperlinks within the pages of the Website, remain the exclusive responsibility of the holders and owners of these websites.
MySharePlan cannot exercise any control on these websites, nor assume any responsibility for their content. The inclusion of links does not imply endorsement by Myshareplan.app of items on those sites. Myshareplan.app declines any liability in connection with the material and data of whatever nature, included or available on the websites it links to.
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Rights enforcement
Any dispute arising or resulting from the use of Website is subject exclusively to the law of State of New South Wales Australia.
At any time, unilaterally, MySharePlan also reserves the right to deny any user access to Myshareplan.app in full or in part, without notice, especially in cases of clear breach of these Terms or the specific Myshareplan.app license terms by the user. Use of this Website is not allowed in countries where all these provisions, including this paragraph, do not apply.
If you disagree with the content of these Terms, your sole remedy is to discontinue using this webs
A Transfer of shares is typically referred to as an off-market transfer
This means the shares were not sold via a listed exchange
Transfers typically happen when an investor is wanting to move shares into another holding for example from an individual name to a company where the ownership remains the same
The exercise price is the price at which an underlying security can be purchased when trading an option, respectively. It is also referred to as the strike price and is known when an investor initiates the trade.
A sale is when someone sells their securities for a profit or loss
A trust unit redemption is when the par value is paid back to the purchaser/owner of the units. Par Value is the apparent worth or face value of the unit.
An cancellation/lapse/forfeiture is when awards can no longer met their vesting conditions
Forfeitures usually occur when the vesting targets are not met, for time based vesting this would mean when an employee leaves a company. For performance based vesting this would mean performance targets were not met
It means the employee will no longer be able to receive shares from the awards that have Forfeited
Cancelled displays the total number of awards that have been cancelled/lapsed/forfeited.
Restricted means the total number of awards that are still in plan and are not available for trading
Unvested means the total number of awards that have not yet met their vesting conditions
An exercise is when an equity holder wishes to convert a options or rights into the underlying security, usually shares.
For Employee Share Ownership Plan purposes an exercise typically occurs when a right or an option is converted into shares
Exercised displays the total number of awards (usually rights or options) that have been converted into the underlying security
Vested means the total number of awards that have met vesting conditions but have not yet been exercised
Vesting conditions are the conditions attached to your employee awards that must be met before you can transact on your awards (exercise, transfer or sell).
Vesting is ESOP jargon for when options/rights/share are no longer at real risk of forfeiture meaning you the employee have passed the time and/or performance condition attached to the awards, usually the options/rights turn into shares (sometimes you have to exercise them) and the shares are no longer restricted (some plans may have further restrictions to achieve greater tax benefits and/or to satisfy shareholders).
This is when the employees receive awards.
A beneficial interest is the right to receive benefits on assets held by another party and is often evident in matters concerning trusts.
Most beneficial interest arrangements are in the form of trust accounts, where an individual, the beneficiary receives income from the trust's holdings but does not own the account.
If you acquire an ESS interest that is a share under the start-up concession, the cost base of that share is the market value of the share when you acquired it
For an ESS interest that is taxed upfront, the interest is taken to have been acquired for its market value on the date of acquisition.
For an ESS interest for which tax is deferred, the ESS interest (and the share or right that it forms part of) is taken to have been re-acquired immediately after the deferred taxing point. This resets the cost base of the ESS interest to its market value at this time, and resets the acquisition date, which will be relevant to your eligibility for the 50% CGT discount.
Capital gains tax (CGT) is the tax you pay on profits from selling assets, such as property.
You report capital gains and capital losses in your income tax return and pay tax on your capital gains. Although it is referred to as 'capital gains tax,' it is part of your income tax. It is not a separate tax.
If you have a capital gain, it will increase the tax you need to pay. You may want to work out how much tax you will owe and set aside funds to cover it.
A dividend or distribution is a portion of a company's profit that it decides to pay out to shareholders, in return for their investment.
The trustee(s) (there may be more than one) of a trust may be a person or a company (the latter is known as a corporate trustee). In either case, the trustee must be legally capable of holding trust property in their own right. The trustee holds the trust property for the benefit of the beneficiaries.
A trust is an obligation imposed on a person or other entity to hold property for the benefit of beneficiaries. While in legal terms a trust is a relationship not a legal entity, trusts are treated as taxpayer entities for the purposes of tax administration.
The trustee is responsible for managing the trust's tax affairs, including registering the trust in the tax system, lodging trust tax returns and paying some tax liabilities.
Beneficiaries (except some minors and non-residents) include their share of the trust's net income as income in their own tax returns. There are special rules for some types of trust including family trusts, deceased estates and super funds.
Franking credits arise for shareholders when certain Australian-resident companies pay income tax on their taxable income and distribute their after-tax profits by way of franked dividends. These franked dividends have franking credits attached. Franked dividends are received either directly as a shareholder or indirectly as a beneficiary of a trust.
A tax-deferred scheme allows an employee to defer paying tax in relation to their employee share schemes (ESS) interests until the income year in which the deferred taxing point occurs, instead of paying tax in the year the interests are acquired. To be able to defer tax, both the scheme and the employee must meet the general conditions as well as the specific conditions for each type of tax-deferred scheme.
If you acquire ESS interests under this scheme, you may be entitled to reduce the discount amount that must be included in your assessable income by up to $1,000.
To be entitled to the concession, you will need to meet:
The Australian ESS rules treat ESS interests provided to an associate of your employee as if they were acquired by your employee, rather than their associate.
The definition of an associate is very broad and depends on what type of entity the shareholder is.
For an individual shareholder, an associate includes:
For a company shareholder, an associate includes:
For a trustee shareholder, an associate includes an entity or associate of the entity that benefits or is capable of benefiting under the trust.
For a partnership shareholder, an associate includes each partner of the partnership or their associates.
Employee Share Scheme Tax, is the tax you pay on your employee awards
There are several different type of plans in Australia and this will impact when you pay tax
If you have a tax event and you are an Australian employee, your employer is obligated to provide you with an ESS Tax Statement by the 14th of July for the previous financial year
The ESS Tax Statement will display the taxable amounts on your employee awards
A shareholders' agreement, also called a stockholders' agreement, is an arrangement among shareholders that describes how a company should be operated and outlines shareholders' rights and obligations. The agreement also includes information on the management of the company and privileges and protection of shareholders.
A Company Constitution documents a company's management rules. This document creates a contract between the company, its members, its directors, and the company secretary. A Company Constitution is a convenient resource for members or shareholders looking to review all internal management rules.
The Corporations Act 2001 (Cth) (the Corporations Act, or CA 2001) is an Act of the Commonwealth of Australia which sets out the laws dealing with business entities in Australia at federal and interstate level. It deals primarily with companies but also with other entities, such as partnerships and managed investment schemes. The Act is the primary basis of Australian corporations law.
In relation to a company, means the total of ordinary and any preference shares issued by the company but does not include convertible debt securities
ASIC stands for Australian Securities and Investments Commission
ASIC is Australia's integrated corporate, markets, financial services and consumer credit regulator.
ASIC is an independent Australian Government body. We are set up under and administer the Australian Securities and Investments Commission Act 2001 (ASIC Act), and we carry out most of our work under the Corporations Act.
IPO Stands for Initial Public Offering.
This is the first time a company lists on a stock exchange, this makes their shares available to the entire market for purchase.
Unlisted means the company is not traded on a stock exchange.
A black out is when employees are not allowed to trade their shares, this may be because employees have access to information that the rest of the market doesn't.
The term "security" refers to a fungible, negotiable financial instrument that holds some type of monetary value. A security can represent ownership in a corporation in the form of stock, a creditor relationship with a governmental body or a corporation represented by owning that entity's bond; or rights to ownership as represented by an option.
Some Employee Share Plans offer a Salary Sacrifice option of acquiring Awards
Salary sacrificing is also known as salary packaging or total remuneration packaging. You and your employer agree for you to receive less income before tax and in return your employer pays for certain benefits of similar value for you.
This means you pay less tax on your income.
A salary sacrifice arrangement reduces your taxable income, meaning you may pay less tax on your income.
We don't provide advice on entering or rejecting a salary sacrifice arrangement. You should seek financial advice before entering into a salary sacrifice arrangement.
An employee share plan offer, is an invitation to participant in a employee share plan.
Typically you'll receive an offer letter and a copy of the plan rules. It is important to read and understand what you are being offered and how the plan operates (plan rules)
Offers usually run for a minimum of two weeks and in most cases you will have to accept (opt-in) to the offer in order to participate in the plan.
EOT means Employee Ownership Trust, EST means Employee Share Trust
Very broadly, an ESS is a scheme designed to provide shares or rights (such as options) to acquire shares (ESS interests) in a company to employees. Those ESS interests may be held through an Employee Share Trust.
An Employee Share Trust in Australia, there only purpose is to purchase shares in the parent company for the employee share plan
Fully paid shares are shares issued for which no more money is required to be paid to the company by shareholders on the value of the shares. Fully paid shares differ from partially paid shares, in which only a portion of the market value has been received by the company.
The shares you typically buy on a stock exchange are Fully Paid Ordinary Shares, sometimes known as FPOs
Cessation or Termination typically means that an employee is no longer employed by the company
Some plans may have an ESS taxing point at cessation, the tax date will be your cessation/termination date, I.E the last day of your employment.
An award is a security (Share/Right/Option/Unit… etc) held under an employee share plan
Shares are units of equity ownership in a corporation, they represent a partial ownership of a company
Different classes of shares may have different rights attached, such as voting rights and rights to receive dividends.
ESS rights are usually a tax deferred vehicle
Typically 1 right will be equal to 1 share
If vesting conditions are met then you may entitled to exercise your rights into shares at 100% or less, depending on the vesting conditions, some vesting performance conditions may reduce the total percent of shares you receive based on results of the performance.
An Option is a security that allows you the "Option" to purchase shares in a company"
Options can have a nil exercise cost, meaning once vesting conditions are met you may be able to exercise them into shares at no cost, however most options will have an exercise cost and in most cases you will need to pay the exercise price multiplied by the number of options to receive the shares
A unit is a security that is used to represent a percentage of ownership, usually in a trust
1 unit does not necessarily equal 1 share, you should always consult your plan rules and trust deed to confirm
In Succession Plus' Unit Trust Plans, sometimes known as a "Peak Performance Trust", 1 unit is equal to 1 share
ESOP can have many different meanings
We define ESOP as Employee Share Ownership Plan, however this does not mean everyone defines it the same way.
These plans are used to reward, incentive, retain employees and align employee & investor interests.
Other definitions include: