South Dakota Amended and Restated Employee Stock Purchase Plan

State:
Multi-State
Control #:
US-CC-19-179
Format:
Word; 
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Description

19-179 19-179 . . . Employee Stock Purchase Plan under which each employee of corporation and its wholly-owned direct or indirect, domestic and foreign subsidiaries that have authorized participation in Plan (Participating Company) can contribute up to 15% of earnings through payroll deductions and Participating Company contributes a cash amount equal to 5% of participant's payroll deductions for first year of participation, additional 7% for second year, additional 10% for third year, additional 13% for fourth year and additional 15% for fifth year. Custodian of plan purchases shares of common stock on open market or from corporation at current market prices, using payroll deductions and applicable matching Company contributions
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  • Preview Amended and Restated Employee Stock Purchase Plan
  • Preview Amended and Restated Employee Stock Purchase Plan
  • Preview Amended and Restated Employee Stock Purchase Plan
  • Preview Amended and Restated Employee Stock Purchase Plan
  • Preview Amended and Restated Employee Stock Purchase Plan
  • Preview Amended and Restated Employee Stock Purchase Plan
  • Preview Amended and Restated Employee Stock Purchase Plan
  • Preview Amended and Restated Employee Stock Purchase Plan

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FAQ

You can usually purchase ESPP plan stock worth 1% to 15% of your salary, up to the $25,000 IRS limit per calendar year. If you participate, your employer will deduct your contribution directly from your paycheck. Your employer will then purchase the company stock for you, typically at the end of a 6-month period.

How is the $25,000 limit calculated? The basic rule is that each employee cannot purchase more than $25,000 per year, valued using the fair market value on the date he/she enrolled in the current offering.

The Basics of Valuing ESPPs Grant Date Stock Price: This is typically the same as the Offering Date Stock Price, but could vary under certain circumstances, such as a plan not being approved by shareholders by the offering date. Expected Life: This is the length of time from the grant date to the purchase date.

You will continue to own stock purchased for you during your employment, but your eligibility for participation in the plan ends. Any funds withheld from your salary but not used to purchase shares before the end of your employment will be returned to you, normally without interest, within a reasonable period.

In this situation, you sell your ESPP shares more than one year after purchasing them, but less than two years after the offering date. This is a disqualifying disposition because you sold the stock less than two years after the offering (grant) date.

How does a withdrawal work in an ESPP? With most employee stock purchase plans, you can withdraw from your plan at any time before the purchase. Withdrawals are made on Fidelity.com or through a representative. However, you should refer to your plan documents to determine your plan's rules governing withdrawals.

You can change your payroll deductions by clicking Act > View or Change Payroll Deduction. You can change how much money you're contributing to your plan, or discontinue your deduction at any time before the enrollment deadline for each offering period.

Form W-2 Your W-2 includes the taxable income from your ESPP. This form is provided by your employer. Form 3922 Form 3922 has details about your ESPP purchase that will help you report the income from your sales of ESPP stock. This form is provided by your employer.

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South Dakota Amended and Restated Employee Stock Purchase Plan