Guam Incentive and Nonqualified Share Option Plan

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Multi-State
Control #:
US-CC-5-168
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Word; 
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This is a multi-state form covering the subject matter of the title.
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  • Preview Incentive and Nonqualified Share Option Plan
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  • Preview Incentive and Nonqualified Share Option Plan
  • Preview Incentive and Nonqualified Share Option Plan
  • Preview Incentive and Nonqualified Share Option Plan
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FAQ

Taxation. The main difference between ISOs and NQOs is the way that they are taxed. NSOs are generally taxed as a part of regular compensation under the ordinary federal income tax rate. Qualifying dispositions of ISOs are taxed as capital gains at a generally lower rate.

Unlike NQSOs, ISOs cannot be transferred to others (e.g. upon divorce or by gifting).

Non-qualified stock options give employees the right, within a designated timeframe, to buy a set number of shares of their company's shares at a preset price. It may be offered as an alternative form of compensation to workers and also as a means to encourage their loyalty with the company. 1?

Incentive stock options (ISOs) are popular measures of employee compensation received as rights to company stock. These are a particular type of employee stock purchase plan intended to retain key employees or managers. ISOs often have more favorable tax treatment than other types of employee stock purchase plan.

NSOs vs. RSUs NSOs give you the option to buy stock, but you might decide to never exercise them if the company's valuation falls below your strike price. In comparison, restricted stock units (RSUs) are actual shares that you acquire as they vest. You don't have to pay to exercise RSUs; you simply receive the shares.

ISOs have more favorable tax treatment than non-qualified stock options (NSOs) in part because they require the holder to hold the stock for a longer time period. This is true of regular stock shares as well.

NQSOs can be offered to employees and others, such as contractors, advisors, etc. ISOs are only available to employees. Your ability to exercise remaining vested options will be subject to the terms in your employment agreement, which may offer a post-termination exercise window or options expiration date.

Only employees can receive ISOs, whereas NSOs may be granted to any service providers (e.g., employees, directors, consultants, and advisors). ISOs must be exercised within three months following termination of employment (even if the holder continues providing services in some other capacity).

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Guam Incentive and Nonqualified Share Option Plan