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Restricted Stock Unit (RSU) Grant review

RSU grant under an equity-incentive plan (IRC § 409A short-term-deferral or deferred-compensation).

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What it checks

Grant date and number of units

RSU grant must state grant date and number of units.

Critical · EQT-029

Vesting schedule for RSUs

Standard 4-year vesting / 1-year cliff or similar.

Critical · EQT-030

Settlement timing — § 409A short-term-deferral

Settlement should occur within the § 409A short-term-deferral window (by the 15th day of the third month after the end of the taxable year in which the units vest) or be a § 409A-compliant deferred-compensation plan.

Critical · EQT-031

Tax-withholding mechanics

RSUs are subject to FICA when they vest (IRC § 3121(v)(2)) and to federal income-tax withholding when shares are delivered (§ 3402), which may be later.

Critical · EQT-032

No § 83(b) for RSUs

§ 83(b) elections are not available for RSUs (no current property transfer); grant should make this clear.

Warning · EQT-033

Termination of service — unvested units forfeited

RSU grant should state that unvested units are forfeited on termination.

Warning · EQT-034

Plan reference and conflict-resolution

RSU agreement must reference its plan and provide a conflict rule.

Critical · EQT-035

Every run also applies 108 general checks that belong to any agreement: structure, parties and signatures, defined terms, cross-references, dates, amounts, and one-sided terms.

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