North Carolina Employee Stock Option Plan

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Multi-State
Control #:
US-TC0910
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PDF; 
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Description

This stock option plan provides employees with a way to gain ownership in the company for which they work. The plan addresses SARs, stock awards, dividends and divided equivalents, deferrals and settlements, and all other subject matter generally included in stock option plans.

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FAQ

ESPPs allow employees to buy shares of stock at a discounted rate, while ESOPs offer stock or shares at no cost. Here is an explanation of both plans and the key differences. You can talk to a financial advisor to better understand how your participation impacts your long-term financial goals.

The Benefits To Employees The ESOP is generally designed to benefit employees who remain with the employer the longest and contribute most to the employer's success. Since stock is allocated to each employee's account based on a contribution by the company, the employee bears no cost for this benefit.

Under federal tax law, owners of closely held companies can defer and possibly avoid tax on the gains made when selling stock to an ESOP?when the following conditions are met: The ESOP company is a C corporation at the time of the sale. The ESOP owns at least 30 percent of the company immediately after the sale.

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.

The most notable difference between an ESOP vs ESPP is in how the employee receives the stock and when they can sell the stock. ESOPs provide the stock or shares at no cost to employees. ESPPs require participants to contribute funds to purchase shares of stock, though at a discounted rate.

An ESOP is an employee benefit plan that enables employees to own part or all of the company they work for. ESOPs are most commonly used to facilitate succession planning, allowing a company owner to sell his or her. shares and transition flexibly out of the business.

ESOP Rules In an ESOP, a company sets up a trust fund, into which it contributes new shares of its own stock or cash to buy existing shares. Alternatively, the ESOP can borrow money to buy new or existing shares, with the company making cash contributions to the plan to enable it to repay the loan.

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).

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North Carolina Employee Stock Option Plan