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A stock option should be granted under a written stock plan that is approved by shareholders within 12 months of the date it is adopted by the company's board of directors.
An incentive stock option must be granted within 10 years from the date that the plan under which it is granted is adopted or the date such plan is approved by the stockholders, whichever is earlier. To grant incentive stock options after the expiration of the 10-year period, a new plan must be adopted and approved.
Incentive stock options (ISOs), are a type of employee stock option that can be granted only to employees and confer a U.S. tax benefit. ISOs are also sometimes referred to as statutory stock options by the IRS. ISOs have a strike price, which is the price a holder must pay to purchase one share of the stock.
Q: Can a member of the board of directors receiving a stock option as compensation for board member service receive an incentive or statutory stock option (an ISO)? A: No. A board member who is just a board member, and not otherwise an employee of the company cannot receive an ISO.
Shareholder approval will only be required for issuances to a related party, and will not be required for issuances to 1) a subsidiary, affiliate, or other closely related person of a related party, or 2) any company or entity in which a related party has a substantial direct or indirect interest.
At its core, an equity-based incentive plan is used to attract, retain, and incentivize employees. Companies often reward employees, partners, directors, contractors, or others by granting them shares or units (these terms are used interchangeably herein) in an equity plan.
Because there is a change in the stock available for purchase or grant under the plan, under paragraph (b)(2)(iii) of this section, the stockholders of S must approve the plan within 12 months before or after the change to the plan to meet the stockholder approval requirements of paragraph (b) of this section.
Under both the NYSE and NASDAQ listing standards, a public company must obtain shareholder approval before it can issue shares under an equity incentive plan or make material revisions to an equity incentive plan.
May only be issued to employees. Investors, honorary board members, employees; anyone may be given NSOs. The board of directors and shareholders must have previously approved a stock option plan. In most cases, there will be a written agreement andapprovalby the board of directors.
ISOs can only be granted to employees. So independent contractors and members of the board of directors who aren't otherwise employees can't receive ISOs. Only the first $100,000 that becomes exercisable during any 12 month period can qualify for ISO treatment.