2023 Changes to the Enterprise Management Incentive (EMI) Option Grant Process

Morton Fraser Partner Andrew Walker
Andrew Walker
Morton Fraser Solicitor Robert Jessiman
Robert Jessiman
Senior Solicitor
27 March 2023

Andrew Walker and Robbie Jessiman examine the recent changes to the Enterprise Management Incentive (EMI) Option Grant Process.

What are the recent changes and how do they impact my company's EMI scheme?

In the Spring Budget 2023 the Chancellor has announced some changes to the process for granting share options under EMI schemes. The purpose of the changes is to simplify the process to make it easier for companies to manage or put in place new EMI schemes.  This is to be welcomed.

More specifically, from 6 April 2023, EMI share option agreements that companies enter into will no longer be required to:-

  • declare that an employee (who has been granted an EMI option) has signed a working time declaration, or
  • set out the details of the restrictions that will apply to the shares that will be acquired upon exercise of the EMI share option.

In addition, for EMI options granted from 6 April 2024, the deadline for companies to notify HMRC of the grant of an EMI option will be changed from 92 days following the date of the option grant to a fixed date of 6 July following the end of the tax year in which the EMI options were granted. This deadline will coincide with the notification deadline for submission of Employment Related Securities (ERS) annual returns and thus streamline EMI reporting requirements and make it easier for companies to manage their EMI schemes.

Companies will no doubt appreciate the introduction of these less onerous EMI requirements and benefit from the simplification of the process.

If you would like to consult us at Morton Fraser for any advice required in relation to EMI share options, please do not hesitate to contact Andrew Walker, Partner or Robbie Jessiman, Solicitor in our corporate team.


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