EMI Share Option Pack (Option Agreement, Board Minutes and Checklist)

Grant tax-advantaged Enterprise Management Incentive share options to key employees – eligibility and compliance checklist, board minutes approving the grant, a full option agreement with exercise, leaver and exit terms, and the HMRC reporting steps.

Editable Word document
9
10pages
Guidance notes included
aml consultancy solutions

Raising investment

EMI Share Option Pack (Option Agreement, Board Minutes and Checklist)

About this document

What it’s for

EMI options let qualifying companies give key employees the right to buy shares in the future at today’s value, with valuable tax advantages: normally no income tax or National Insurance when the option is exercised, and capital gains tax (potentially at the Business Asset Disposal Relief rate) on a later sale. The tax benefits depend on strict conditions being met and reported correctly. This pack takes you through eligibility, approval, the option agreement itself and HMRC reporting.

When to use it

  • When a qualifying trading company wants to reward and retain key employees with equity
  • For each grant of options to an individual employee
  • Not for non-employee directors, consultants or advisers – they cannot hold EMI options

What’s inside

The document is laid out in the sections below. Each one comes with a plain-English guidance note explaining what it does and what to change.

  • Part 1 – Eligibility and compliance checklist (company, employee, shares and option)
  • Part 2 – Board minutes approving the grant
  • Part 3 – EMI option agreement: grant, exercise, leavers, exit events, how to exercise, tax, adjustments, general, notice of exercise
  • Part 4 – HMRC registration, notification and reporting

How to complete it

  • Work through the eligibility checklist in Part 1 and agree the share value (ideally with HMRC)
  • Approve the grant with the board minutes in Part 2
  • Complete and sign the option agreement in Part 3, then report the grant to HMRC on time (Part 4)

Key points to check

  • EMI limits were increased from 6 April 2026 – check the current limits and HMRC guidance before granting
  • Take specialist tax and legal advice: a mistake can mean the options do not qualify for EMI tax relief

Our templates are professionally structured starting points for UK businesses, not legal advice. For anything complex, unusual or high-value, have your final version checked by a solicitor.

Included in the pack

Raising investment

£20

for every document in this category

Editable Microsoft Word files

Guidance notes in every document

Written for UK businesses

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