The North Dakota Incentive and Nonqualified Share Option Plan refers to a comprehensive program designed to incentivize and reward employees of companies or organizations operating in North Dakota. This plan aims to attract and retain talented individuals by offering them the opportunity to acquire company shares at a discounted price or through other favorable conditions. By implementing this plan, employers can motivate their employees, align their interests with those of the company, and increase overall productivity and performance. There are two main types of North Dakota Incentive and Nonqualified Share Option Plans: Incentive Stock Options (SOS) and Nonqualified Stock Options (SOS). 1. Incentive Stock Options (SOS): These are stock options granted to employees that offer certain tax benefits. SOS are typically granted at the fair market value of the company's stock on the date of grant. To derive the full tax benefits, employees generally must hold the shares acquired through SOS for a specified period, typically one year, before selling them. If the holding period requirement is met, the gain on the sale of ISO shares is considered a long-term capital gain, which can result in lower tax rates. 2. Nonqualified Stock Options (SOS): Unlike SOS, SOS do not offer specific tax advantages and are more flexible in their design. Employers can grant SOS to employees at any strike price. When exercised, SOS result in ordinary taxable income for the employee equal to the difference between the fair market value of the shares and the strike price at the time of exercise. SOS can be exercised at any time at the discretion of the employee, providing greater flexibility. Both SOS and SOS serve as powerful tools to attract, reward, and retain employees by giving them an opportunity to share in the success of the company. These plans can help create a sense of ownership, increase employee loyalty and commitment, and drive overall growth. To implement a North Dakota Incentive and Nonqualified Share Option Plan, employers need to establish clear eligibility criteria, vesting schedules, exercise periods, and other terms and conditions. Additionally, it is essential to comply with relevant federal and state regulations, including those concerning securities and taxation. In conclusion, the North Dakota Incentive and Nonqualified Share Option Plan is a valuable tool for employers to incentivize and retain employees. By offering stock options, employers can align employee interests with those of the company, leading to increased motivation, improved performance, and potentially favorable tax treatment. The two main types of plans, SOS and SOS, provide flexibility and varied tax implications to suit the needs and goals of employers and employees alike.