Alabama Proposal Approval of Nonqualified Stock Option Plan
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How to fill out Proposal Approval Of Nonqualified Stock Option Plan?
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FAQ
Failure to get board approval Let's start with an obvious one that founders routinely miss in the early days: Stock option grants must be approved by the board. If the board doesn't approve (either at a board meeting or by unanimous written consent), the stock options haven't actually been granted.
The option plan must be approved by the stockholders within 12 months before or after the plan is adopted (see also Explanation: §423, Shareholder Approval Requirement) (IRC § 422(b)(1); Reg. §1.422-3).
The Company's board of directors must approve all stock option grants, including the name of the recipient, the number of shares, the vesting schedule and the exercise price. This can be done either in a board meeting or via unanimous written consent.
Non-qualified stock options (NSOs or NQSOs) are a type of stock option that does not qualify for tax-advantaged treatment for the employee like ISOs do. NSOs can also be issued to other non-employee service providers like consultants, advisors, and independent board members.
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 form of compensation. Prices are often similar to the market value of the shares.
In US companies, an option grant is typically awarded to an employee, advisor or other individual who performs services for the company, and the option can be exercised during the term of service to the company and for a finite period of time following cessation of services.
Once the grant has vested, they still don't own anything in the company. Rather, they now own the option to purchase these shares. The jargon for actually buying these shares is termed ?exercising options.? When it comes to exercising options, employees need to spend some money before they can actually make some money.
A stock option plan must be adopted by the company's directors and, in some cases, approved by the company's shareholders.