The New Hampshire Approval of Company Employee Stock Purchase Plan is a legal document that enables a company in New Hampshire to establish an employee stock purchase plan (ESPN). An ESPN allows eligible employees to purchase company shares at a discounted price, encouraging their ownership in the organization and providing them with an opportunity to participate in its financial success. The approval process for a New Hampshire company to implement an ESPN generally involves several steps. It begins with the company's board of directors or an authorized committee designing and drafting the plan's terms and conditions. These terms typically include the purchase price discount, the eligibility criteria, the offering periods, and the contribution methods. Once the plan is created, it must be approved by the company's shareholders. In some cases, this approval is obtained through a majority vote during the company's annual general meeting. However, smaller private companies may obtain approval through unanimous written consent by the shareholders. After shareholder approval, the company must file the ESPN with the New Hampshire Secretary of State. This filing ensures compliance with relevant state laws and regulations. The company may need to pay a fee and provide specific information, such as its name, principal address, and the effective date of the plan. There is typically only one type of New Hampshire Approval of Company Employee Stock Purchase Plan, as it refers to the overall process of obtaining the necessary approvals and filing requirements specific to companies in New Hampshire. However, the actual ESPN may offer different types of features, such as: 1. Qualified ESPN: A plan that meets the criteria outlined in Section 423 of the Internal Revenue Code (IRC). Qualified ESPN offer tax advantages to employees, such as the ability to purchase shares through payroll deductions without incurring income taxes until the shares are sold. 2. Non-Qualified ESPN: A plan that does not meet the requirements of IRC Section 423. Non-qualified ESPN provide flexibility to companies regarding eligibility criteria, offering periods, and discount rates. However, participants may be subject to immediate income tax on the discount received when purchasing shares. 3. Rolling ESPN: A plan that allows employees to continuously participate in multiple offering periods. Once an offering period ends, a new one begins, providing ongoing opportunities for employees to acquire company stock. 4. Fixed Offering ESPN: A plan with predetermined offering dates and fixed purchase periods. Employees can only participate during these specific periods, typically occurring semi-annually or annually. It is important for companies in New Hampshire to consult with legal and tax professionals to ensure compliance with state and federal regulations when establishing an ESPN.