A West Virginia Stock Option Agreement between a Corporation and an Officer or Key Employee is a legally binding contract that outlines the terms and conditions under which the employee can purchase company stock at a predetermined price within a specific timeframe. This agreement serves as an incentive for key employees to contribute to the growth and success of the corporation while aligning their interests with the company's. The agreement typically includes the following key components: 1. Parties: Clearly identifies the corporation and the officer or key employee involved in the agreement. 2. Grant of Option: Outlines the number of shares of company stock being offered to the employee, the exercise price (also known as the strike price) at which they can purchase the stock, and any vesting schedule that determines when the options become exercisable. 3. Exercise Period: Specifies the timeframe during which the employee can exercise their options. This period may be limited to a specific date or a series of dates. 4. Method of Exercise: Details the process the employee needs to follow to exercise their stock options, which typically involves providing written notice to the corporation. 5. Payment: Specifies the acceptable methods of payment for exercising the options, such as cash, check, or through other means approved by the corporation. 6. Taxation: Addresses the tax implications of exercising stock options and any obligations the employee may have to pay taxes on the gained value. 7. Termination: Outlines the conditions under which the agreement can be terminated, such as termination of employment, retirement, or the sale of the corporation. Different types of West Virginia Stock Option Agreements between Corporation and Officer or Key Employee may be categorized based on the specific objectives or terms involved. Some common variations include: 1. Non-Qualified Stock Option Agreement: This type of agreement does not meet the requirements of the Internal Revenue Code Section 422 and may be subject to additional tax implications for the employee. 2. Incentive Stock Option Agreement: These agreements meet the requirements of the Internal Revenue Code Section 422, offering potential tax advantages for employees, such as capital gains treatment upon the sale of the stock. 3. Restricted Stock Option Agreement: Specifies additional restrictions on the transfer or sale of stock acquired through the exercise of options, often tying the employee's ability to sell the shares to specific events or milestones. By entering into a West Virginia Stock Option Agreement, corporations can attract and retain talented officers and key employees, while employees can potentially benefit from the future growth of the company's stock value. It is important for both parties to thoroughly review and understand the terms of the agreement, seeking legal counsel if needed, to ensure a mutually beneficial relationship.