REGARDING ESOP TO DIRECTORS HOLDING MORE THAN 10% SHARES

A private limited company wants to give ESOP to director who is also shareholder holding more than 10 % shares. However, as per plain reading of companies act, 2013, company can not provide ESOP to such director. whether there is any way through which company can provide such option to its directors????

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Quick Summary
A private limited company is seeking ways to grant Employee Stock Option Plans (ESOPs) to a director who also holds more than 10% of the company's shares. Current interpretations of the Companies Act, 2013, suggest this is not permissible, as directors holding a significant stake (directly or indirectly) are ineligible for ESOS. This discussion aims to identify potential avenues or solutions to enable such an ESOP grant.

A director who either by himself or through his relative or through any body corporate, directly or indirectly holds more than 10% of the outstanding equity shares of the company shall not be eligible to participate in the ESOS. 

Agree with you Sir

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