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Create an Employee Share Scheme online for free

Our Employee Share Scheme solution checks your eligibility for tax concessions and uses technology to draft all the documents you need. Free for all Australian businesses.

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What is an Employee Share Scheme?

Employee Share Schemes (ESS) give startups a way to issue shares (or options to purchase shares) to their employees. This provides employers with a means for attracting and retaining staff in line with shareholder interests, as the better the company performs the more financial benefit the employee will receive.

We have collaborated with the ATO to make it easier for businesses to determine their eligibility and draft ESS legal documents completely online via our legal platform.

How it works

Create an ESS for your business in minutes

STEP 1

Check your Elegibility

STEP 2

Complete our Online Questionnaire

STEP 3

Sign & Issue


"Lawpath offers great services for any start up businesses. Without Lawpath, I would have spent last 3 months reading about law, not running my own business."
Sarah Burnell

Frequently Asked Questions

An Employee Share Scheme (also known as ESS or ESOP) is an employee incentive and remuneration structure that commonly involves providing shares, or rights to acquire shares in a company (or its parent company) to an employee of that company. These shares or rights to acquire shares are offered at a discount, and are subject to restrictions on vesting and sale. An ESS essentially provides an employee with part ownership of his/her employer, and is intended to boost performance and loyalty.

There are several benefits of having an ESS, including:

  • Incentivising employees to help a company grow;
  • Supporting the growth and competitiveness of small and innovative businesses;
  • Retaining talent within Australia;
  • Aligning the company’s interests with the employee’s interests; and
  • Encouraging positive working relationships and good corporate governance.

You’re eligible for Easy ESS if you’re:

  • An Australian company;
    Your turnover is under $50 million;
  • You’re not publicly listed; and
  • Your business is less than 10 years old.
Although you may be eligible, an ESS is not going to be for every company. We highly recommend you read the in-depth guide provided upon signing up before starting.
Your initial ESS can be completed without a lawyer or accountant, however it’s highly recommended to have your documents reviewed by an accountant and lawyer to ensure it’s completely suitable for your business. We have a network of expert lawyers and accountants who can provide fixed-price quotes for all things ESS.

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Copyright 2023 Lawpath Operations NO. 2 Pty Ltd ABN 56 660 157 755. Lawpath is an online legal service that makes it faster and easier for businesses to access legal services solely based on their own preferences. Lawpath is not a law firm and does not provide legal advice. Information, documents and any other material provided by Lawpath is general in nature and not to be considered legal advice. You should always seek advice from a qualified professional when using (you can access 3rd party qualified professionals via selected products sold by Lawpath). Use of Lawpath and lawpath.com is subject to our Terms and Conditions and Privacy Policy.