Montana Proposal to Approve Adoption of Employees' Stock Option Plan

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Multi-State
Control #:
US-CC-18-146-NE
Format:
Word; 
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This is a multi-state form covering the subject matter of the title.
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  • Preview Proposal to Approve Adoption of Employees' Stock Option Plan
  • Preview Proposal to Approve Adoption of Employees' Stock Option Plan
  • Preview Proposal to Approve Adoption of Employees' Stock Option Plan
  • Preview Proposal to Approve Adoption of Employees' Stock Option Plan

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FAQ

What is the difference between stock options and an employee stock ownership plan (ESOP)? Stock options are usually granted to company executives whereas ESOP's are provided to all employees. ESOPs provide bak advantages to employers.

ESOPs are designed for prolonged, sustained growth by a business, and for a business that intends to operate for 10, 20, or more years into the future. An Equity Incentive Plan, in contrast, is geared more toward a change of control and exit from the business by service provider employees in 3-5 years (or less).

What Is an Example of an ESOP? Consider an employee who has worked at a large tech firm for five years. Under the company's ESOP, they have the right to receive 20 shares after the first year, and 100 shares total after five years. When the employee retires, they will receive the share value in cash.

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.

So start off right: Plan ahead. Your first step is planning. ... Manage your equity. ... Set some guidelines for stock options. ... Get a 409A valuation. ... Use the 409A to set the strike price. ... Adopt your vesting and cliff schedule. ... Set an expiration timeline. ... Create an ESO agreement and get your board's approval.

ESOPs are expensive to set up, and expensive to maintain as an appraisal is required annually to stay in compliance. If the cash flow dedicated to the ESOP will greatly limit the cash available to reinvest in the business over the long-term, an ESOP is unlikely to be a good fit.

After the employee terminates, the company can make the distribution in shares, cash, or some of both. Cash is paid to the employee directly. Often, company shares are immediately repurchased by the ESOP, and the employee receives cash equivalent to fair market value as determined by the most recent annual valuation.

Identification. An ESOP qualifies as a retirement plan, such as a 401 (k) or individual retirement account, while corporations use stock options as an employee benefit, like health insurance. In an ESOP, the company contributes to employee retirement plans with its own stock.

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Montana Proposal to Approve Adoption of Employees' Stock Option Plan