ESOP / RSU recharge agreement, checklist
A single format from the Cross-border Employment, Expatriates, Secondments, Social Security and Foreign-parent ESOPs pack. FEMA · ITA 2025 · Ind AS 102 · GST · s.188.
- 1 page
- 40
- Word and PDF
- 16 September 2026
What it covers
- 1ESOP / RSU recharge agreement, checklistFEMA · ITA 2025 · Ind AS 102 · GST · s.188
Read the opening
The first part of the format, as it downloads. Blanks are highlighted.
Review checklist for a recharge agreement between a foreign parent and its Indian subsidiary
# | Check | Position in the draft / comment | OK |
|---|---|---|---|
1 | Parties, plan name and plan rules referenced; effective date before the grants to be recharged | [____] | [ ] |
2 | Eligible employees: employees and directors of the Indian subsidiary only; plan offered globally on a uniform basis (OI Rules Schedule III) | [____] | [ ] |
3 | Recharge base defined: FMV at vesting / exercise, or grant-date fair value, or intrinsic value; currency and exchange rate | [____] | [ ] |
4 | No mark-up; if any, separately stated (withholding and GST impact) | [____] | [ ] |
5 | Timing of invoice and payment: on vesting or exercise, quarterly | [____] | [ ] |
6 | Treatment of forfeited, cancelled or expired awards (no recharge) | [____] | [ ] |
7 | Mobile employees: apportionment by Indian workdays during vesting | [____] | [ ] |
8 | Perquisite withholding under s.392 by the subsidiary; parent to provide vesting and exercise data within [__] days; sell-to-cover mechanics and remittance of cover proceeds | [____] | [ ] |
More in RBI, FEMA & Cross-border
Current Account Transactions, The 2000 Rules and Their Schedules
Download ₹249Fill online ₹299The Liberalised Remittance Scheme
Download ₹349Fill online ₹499TCS on Foreign Remittances and Overseas Tour Packages
Download ₹249Fill online ₹299Paying Non-residents, Forms 145 and 146, the CA Certificate and Withholding
Download ₹499Fill online ₹649