Securities and Exchange Board of India (Share Based Employee Benefits and Sweat Equity) Regulations, 2021 Chapter II SCHEMES-IMPLEMENTATION AND PROCESS
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Non-transferability of employee share benefits prevents assignment; vesting continues on death, incapacity, transfer, or retirement. Non-transferability prohibits assignment, pledge or other alienation of options, SARs or other benefits and limits entitlement to the grantee alone; companies or trustees may fund exercise costs and taxes for ESOS/SARs recoverable from sale proceeds. On death in service, granted benefits vest in legal heirs or nominees from the date of death; on permanent incapacity vested benefits vest in the employee that day. Unvested benefits expire on resignation or termination while vested benefits may be retained per compensation committee terms; retirement permits continued vesting per schedule. Vesting and exercise continue on transfer to an associate or under corporate reorganisation with non-prejudicial treatment.
Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
Non-transferability of employee share benefits prevents assignment; vesting continues on death, incapacity, transfer, or retirement.
Non-transferability prohibits assignment, pledge or other alienation of options, SARs or other benefits and limits entitlement to the grantee alone; companies or trustees may fund exercise costs and taxes for ESOS/SARs recoverable from sale proceeds. On death in service, granted benefits vest in legal heirs or nominees from the date of death; on permanent incapacity vested benefits vest in the employee that day. Unvested benefits expire on resignation or termination while vested benefits may be retained per compensation committee terms; retirement permits continued vesting per schedule. Vesting and exercise continue on transfer to an associate or under corporate reorganisation with non-prejudicial treatment.
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