California Approval of Stock Option Plan
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How to fill out Approval Of Stock Option Plan?
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FAQ
Corporate actions include stock splits, dividends, mergers and acquisitions, rights issues and spin-offs. All of these are major decisions that typically need to be approved by the company's board of directors and authorized by its shareholders.
The US federal tax laws do not generally address the level of approval required for equity awards, but the tax rules that govern the qualification of so-called incentive stock options require that the options be granted under a shareholder-approved plan.
A stock option plan must be adopted by the company's directors and, in some cases, approved by the company's shareholders.
In the state of California, stock options are often viewed as a form of compensation akin to wages, especially when granted as part of an employment package. However, the treatment of stock options can vary based on the circumstances under which they're awarded and the specific terms of employment agreements.
Basics of California Corporations Code 25102 Under Section 25102(f), startup companies can issue certain securities without having to meet the qualifications that might apply to other companies. To use this exemption, the owners of a company need to file a limited offering exemption notice.
Once you have a plan in place, you can simply make amendments to increase the number of shares in the option pool on an as-needed basis. The initial plan and any expansions must be approved by your board of directors and then by shareholders.
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.