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Proposal to Approve Adoption of Employees' Stock Option Plan

State:
Multi-State
Control #:
US-CC-18-146-NE
Format:
Word; 
Rich Text
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This is a multi-state form covering the subject matter of the title.
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FAQ

Sell one out-of-the-money put option for every 100 shares of stock you'd like to own. Wait for the stock price to decrease to the put options' strike price. If the options are assigned by the options exchange, buy the underlying shares at the strike price.

Transferable options are nonqualified stock options (NQSOs) that you can give to certain permitted individuals or entities if your company's stock plan allows such transfers.The transfer of the vested option is treated as a completed gift for gift-tax purposes.

Stock option grants are how your company awards stock options. This document usually includes details like the type of stock options you get, how many shares you get, your strike price, and your vesting schedule (we'll get to this in the vesting section).

Frame the Conversation. Think about this from the other side of the table. Do Not Argue the Past. Here's an argument you were thinking of making that won't work: Options in Lieu of a Raise. Do it in Person. Ask for Retroactive Vesting. Emphasize What You'll Do in Future. Believe It.

What percentage of the company do the options offered represent? Are you including all shares in the total shares outstanding for the purpose of calculating the percentage above? What is the market rate for my position? How does my proposed option grant compare to the market?

NQSOs can be transferred during your lifetime to family members, trusts for your benefit, or charities, provided the employer's plan allows for such transfers. A gift of NQSOs is complete only when the employee stock option is vested.

Find out how big the discount would be, compared to preferred shares. Ask about the most recent appraisal. Don't be afraid to take the future into consideration. Negotiate salary first, stock options next. Oh, and you might also want to learn how long you have to buy those shares.

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.

If the company is private and offers stock options, Elkins recommends negotiating because offers to candidates may differ significantly. There isn't a standard amount of stock to negotiate, so if you can provide the company with a coveted skill set, you've got a leg up.

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Proposal to Approve Adoption of Employees' Stock Option Plan