North Carolina 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.

The North Carolina Incentive and Nonqualified Share Option Plan is a comprehensive employee benefit program designed to enhance workforce retention and motivation within organizations. This plan provides employees with the opportunity to acquire company shares at favorable prices through two different types of share options: incentive stock options (SOS) and nonqualified stock options (NOS). SOS and NOS are distinct in terms of tax treatment and eligibility criteria. SOS are designed to qualify for preferential tax treatment under the Internal Revenue Code (IRC) and can only be granted to employees. On the other hand, NOS are more flexible and can be granted to employees, directors, consultants, and other service providers. While SOS offer potential tax advantages, NOS provide more versatility for organizations in their stock-based compensation strategies. Under the North Carolina Incentive and Nonqualified Share Option Plan, employees eligible for SOS receive the right to purchase company shares at a predetermined price, known as the exercise price, within a specified timeframe. The exercise price is usually below the current market value of the shares, which allows employees to potentially benefit from future appreciation. SOS typically have vesting schedules that ensure employees remain engaged and committed to the organization's long-term growth. NOS, on the other hand, do not have the same tax advantages as SOS but offer greater flexibility in terms of grant eligibility and exercise price determination. NOS enable employees and other grant recipients to purchase shares at a price determined by the company, usually the fair market value on the grant date. These options can be exercised immediately or subject to vesting conditions, as defined in the plan. The North Carolina Incentive and Nonqualified Share Option Plan helps organizations attract, retain, and motivate talented employees by providing an opportunity for them to share in the company's success. It aligns the interests of employees with those of shareholders and fosters a sense of ownership and commitment. Additionally, employees benefit from potential capital gains, stock price appreciation, and the ability to participate in the organization's growth. Furthermore, this plan contributes to building a supportive work environment, fostering loyalty, and encouraging long-term employee engagement. In summary, the North Carolina Incentive and Nonqualified Share Option Plan is a crucial tool for organizations looking to incentivize and engage their workforce through stock-based compensation. The plan encompasses both SOS and NOS, each with its own advantages and eligibility criteria. By offering employees an opportunity to acquire company shares, organizations can enhance employee satisfaction, retention, and loyalty while simultaneously driving their own growth and success in the highly competitive business landscape.

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FAQ

Non-qualified Stock Options (NSOs) are stock options that, when exercised, result in ordinary income under US tax laws on the difference, calculated on the exercise date, between the exercise price and the fair market value of the underlying shares.

NQOs are unrestricted. As such, they can be offered to anyone. That means that you can extend them to not just standard employees, but also directors, contractors, vendors, and even other third parties. ISOs, on the other hand, can only be issued to standard employees.

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.

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.

ESOs can be an incentive stock option (ISO) or a non-qualified stock option (NSO). With an ISO, you get a tax advantage upfront. Instead of reporting the stock option as income when you exercise it, you wait until you sell the stock to pay income tax. With an NSO, you pay the tax when you exercise your option.

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.

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.

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?

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Jun 30, 2008 — It read as follows: WHEREAS, multiple taxation of identical income creates the appearance of unfairness and fosters increased non- compliance . 2. Grant of Option; Term of Option. ... Options may be issued either as Nonqualified Options or Incentive Stock Options. To the extent that any Option is ...This Stock Option Award Agreement for Non-U.S. Participants (the “Option Agreement”), including any special terms and conditions for the Participant's ... Usually, taxable Non-qualified Stock Option transactions fall into four possible categories: You exercise your option to purchase the shares and you hold onto ... Employers commonly grant stock options to employees, either in the form of "incentive stock options" ("ISOs") or "nonqualified stock options " ("NSOs"). Nov 1, 2022 — Companies can choose between two types of stock option plans—incentive stock options (ISOs) and nonqualified stock options (NSOs). Both types ... Mar 23, 2021 — Below we outline both the similarities and the differences between these two forms of equity compensation to help guide you in that decision. Apr 7, 2023 — Non-qualified stock options (NSOs) are a type of equity compensation that does not qualify for favorable tax treatment. Learn about NSOs and ... Non-qualified stock options require payment of income tax of the grant price minus the price of the exercised option. NSOs might be provided as an alternative ... May 24, 2012 — “Option” means a Nonqualified Stock Option, an Incentive Stock Option ... Non-Exclusivity of the Plan. The adoption of the Plan by the Board ...

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North Carolina Incentive and Nonqualified Share Option Plan