EMI options

Enterprise Management Incentive (“EMI”) options allow employers to provide their employees and directors with the upside of owning shares with none of the risk of loss if the shares go down in value.

EMI Options are also a good way of building an overall package to include growth of the business for staff rather than a negotiation purely on salary.

How we can help

We provide comprehensive legal and tax support to help businesses implement and manage tax-efficient EMI (Enterprise Management Incentive) option schemes that attract, retain, and reward key employees. Our services include:

• Eligibility Assessment – Advising whether your company and employees meet HMRC’s EMI qualification criteria.
• Scheme Design – Structuring EMI options to suit your commercial objectives, including performance targets, vesting schedules, and exit strategies.
• Drafting EMI Option Agreements – Preparing clear, compliant documentation tailored to your business and employee needs.
• Share Valuation Support – Assisting with share valuations and liaising with HMRC to agree a fair market value.
• HMRC Compliance & Notifications – Handling all required filings and ensuring your scheme meets HMRC deadlines and reporting obligations.
• Tax Advice & Planning – Advising on the tax treatment of EMI options for both the company and employees, including income tax, NICs, and capital gains tax implications.
• Exit Event Planning – Ensuring EMI options are structured to maximise tax efficiency on exit events such as a sale, merger, or listing.
• Reviewing Existing Schemes – Auditing and updating current EMI arrangements to reflect changes in law or company structure.
• Dispute Resolution – Supporting businesses in managing disputes related to option entitlements, leaver clauses, or tax issues.

Whether you're a startup designing your first option scheme or a mature company planning for a strategic exit, we deliver strategic, tax-savvy legal advice tailored to your growth stage and goals.

Track record

We do a lot of work on EMI Schemes. To find out more, please get in contact to discuss on 020 7438 1060. Below are a small sample of case studies and summary of work which you may find helpful :-

• EMI Scheme combined with capital reduction to free up capital
• Implementing an EMI Scheme
• EMI Scheme for a technology business
• EMI combined with EIS