Kentucky Non Employee Director Stock Option Agreement

State:
Multi-State
Control #:
US-TC0913
Format:
Word; 
PDF; 
Rich Text
Instant download

Description

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

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FAQ

ESOP allows the employees to be able to purchase or hold a specified number of shares of the company which can be of a definite price and has some time limitations. The ESOP can be utilised by the employee only after a certain period of time which is known as vesting period.

In the case of both private and public companies, stock options are used instead of simply "giving" shares to employees. This is done for tax reasons. The only time when shares can be "given" without adverse tax consequences is when a company is founded, i.e. when the shares have a zero value.

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.

Qualified stock options, also known as incentive stock options, can only be granted to employees. Non-qualified stock options can be granted to employees, directors, contractors and others. This gives you greater flexibility to recognize the contributions of non-employees.

Many startups, private companies, and corporations will include them as part of a compensation plan for prospective employees. Companies often offer stock options as part of your compensation package so you can share in the company's success.

For example, if you're based in the US, you can offer ISOs to your domestic employees. However, as you cannot use an EOR to offer ISOs to foreign employees, you would need to offer an alternative, such as NSOs, RSUs, or VSOs.

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.

Employer costs Private companies are required by law to purchase ESOP shares from departing employees, which can be a major expense. In addition, private companies with ESOPs must pay appraisers to determine their stock prices each year.

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Kentucky Non Employee Director Stock Option Agreement