California Employee Stock Option Agreement

State:
Multi-State
Control #:
US-TC0912
Format:
Word; 
PDF; 
Rich Text
Instant download

Description

This employee stock option plan grants the optionee (the employee) a non-qualified stock option under the company's stock option plan. The option allows the employee to purchase shares of the company's common stock up to the number of shares listed in the agreement.

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FAQ

Employee stock purchase plans tend to be viewed as a benefit while stock options are a form of compensation. From an employee perspective, there are some differences in operations, eligibility, and design.

A stock grant provides the recipient with value?the corporate stock. By contrast, stock options only offer employees the opportunity to purchase something of value. They can acquire the corporate stock at a set price, but the employees receiving stock options still have to pay for those stocks if they want them.

Holders of share purchase rights may or may not buy an agreed number of shares of stock at a pre-determined price, but only if they are an existing stockholder. Options, on the other hand, are the right to buy or sell stocks at a pre-set price called the strike price.

What is a Stock Option Agreement? A stock option agreement refers to a contract between a company and an employee, independent contractor, or a consultant. Employers use it as a form of employee compensation. Both parties submit to operate within the terms, conditions, and restrictions stipulated in the agreement.

As far back as 1955, California courts considered with how to deal with incentive compensation, such as employee stock awards. Since then, courts consistently hold that agreements to provide stock options, restricted stock units (RSUs), or other ownership rights count as wages under the California Labor Code.

The stock options plan is drafted by the company's board of directors and contains details of the grantee's rights. The options agreement will provide the key details of your option grant such as the vesting schedule, how the ESOs will vest, shares represented by the grant, and the strike price.

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.

Stock options are a form of equity compensation that allows an employee to buy a specific number of shares at a pre-set price. Many startups, private companies, and corporations will include them as part of a compensation plan for prospective employees.

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California Employee Stock Option Agreement