New York Approval of Incentive Stock Option Plan

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US-CC-18-125-NE
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This sample form, a detailed Approval of Incentive Stock Option Plan, is a model for use in corporate matters. The language is easily adapted to fit your specific circumstances. Available in several standard formats.
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FAQ

The US federal tax laws do not generally address the level of approval required for equity awards, but the tax rules that govern the qualification of so-called incentive stock options require that the options be granted under a shareholder-approved plan.

There are many requirements on using ISOs. First, the employee must not sell the stock until after two years from the date of receiving the options, and they must hold the stock for at least a year after exercising the option like other capital gains. Secondly, the stock option must last ten years.

Under the NYSE rule, an "equity compensation plan" is a plan or other arrangement that provides for the delivery of equity securities (either newly issued or treasury shares) of the listed company to any employee, director or other service provider (e.g., consultants) as compensation for services.

NYSE Rule 452 governs whether brokers may exercise discretionary authority to vote shares as to which the beneficial owner has not provided voting instructions.

Once you have a plan in place, you can simply make amendments to increase the number of shares in the option pool on an as-needed basis. The initial plan and any expansions must be approved by your board of directors and then by shareholders.

Nasdaq Listing Rule 5635 Requires Shareholder Approval for Certain Types of Transactions: ? Issuances that may exceed 20% of the pre-transaction total. shares outstanding (?tso?) or voting power that are priced at. less than the ?Minimum Price? ? Sales by officers, directors and substantial shareholders (5%

NYSE American listed companies are required to provide notice to the Exchange at least 10 minutes before making any public announcement with respect to a dividend or stock distribution, including when it is made outside of Exchange trading hours.

Under current listing rules, shareholder approval is required for sales in excess of 1% of the common stock to a substantial security holder, unless the transaction is a cash sale for a price that is at least equal to the ?Minimum Price.? Under the proposal, the shareholder approval requirement would be narrowed to ...

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New York Approval of Incentive Stock Option Plan