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The Company's board of directors must approve all stock option grants, including the name of the recipient, the number of shares, the vesting schedule and the exercise price. This can be done either in a board meeting or via unanimous written consent.
Once the grant has vested, they still don't own anything in the company. Rather, they now own the option to purchase these shares. The jargon for actually buying these shares is termed ?exercising options.? When it comes to exercising options, employees need to spend some money before they can actually make some money.
In US companies, an option grant is typically awarded to an employee, advisor or other individual who performs services for the company, and the option can be exercised during the term of service to the company and for a finite period of time following cessation of services.
NSO vs ISO NSO may be granted to employees and non-employees (advisors, consultants, board members), whereas ISOs can only be granted to employees. NSO may be granted by any entity Corporations, LLCs, Partnerships, whereas ISO can only be granted by Corporations.
The option plan must be approved by the stockholders within 12 months before or after the plan is adopted (see also Explanation: §423, Shareholder Approval Requirement) (IRC § 422(b)(1); Reg. §1.422-3).
You can only issue stock options or other equity compensation to individuals; not entities. So, if you hire a contractor, and he or she wants you to issue the stock options to his or her business entity, you cannot do that under Rule 701. You have to issue the options to this person in their individual capacity.
Failure to get board approval Let's start with an obvious one that founders routinely miss in the early days: Stock option grants must be approved by the board. If the board doesn't approve (either at a board meeting or by unanimous written consent), the stock options haven't actually been granted.