District of Columbia Proposal to Approve Adoption of Employees' Stock Option Plan
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How to fill out Proposal To Approve Adoption Of Employees' Stock Option Plan?
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FAQ
Shareholder approval must be obtained prior to the issuance of securities under a stock option or purchase plan or other equity compensation arrangement.
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.
A stock option plan is a mechanism for affording selected employees and executives or managers of a company the opportunity to acquire stock in their company at a price determined at the time the options are granted and fixed for the term of the options.
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.
Substantial Sale of Assets Such transactions may require the approval of shareholders. More specifically, if the disposition of assets leaves the corporation incapable of continuing its business, or continuing the ordinary course of business, then it may require shareholder approval.
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).