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Employee Stock Options Agreement
"I need an Employee Stock Options Agreement for our Philippine tech startup that grants options to senior developers with a 4-year vesting period starting January 2025, including a one-year cliff and accelerated vesting provisions in case of acquisition."
1. Parties: Identification of the Company and the Employee (Option holder)
2. Background: Context of the agreement, including reference to employment relationship and stock option plan
3. Definitions: Key terms used throughout the agreement including Option, Exercise Price, Shares, Vesting Schedule, etc.
4. Grant of Option: Details of the stock option grant, including number of shares, exercise price, and grant date
5. Vesting Schedule: Timeline and conditions for when options become exercisable
6. Exercise of Option: Procedures and requirements for exercising options, including payment methods and notice requirements
7. Term and Expiration: Duration of the option grant and circumstances of expiration
8. Restrictions on Transfer: Limitations on transferability of options and shares
9. Termination of Employment: Impact of employment termination on options under different scenarios
10. Compliance with Laws: Requirements for compliance with Philippine securities laws and regulations
11. Tax Obligations: Tax responsibilities and withholding requirements
12. General Provisions: Standard clauses including notices, amendments, governing law, and dispute resolution
1. Change in Control Provisions: Special terms applying in case of company merger, acquisition, or other control changes
2. Lock-up Period: Restrictions on selling shares for a specified period after exercise, if applicable
3. Shareholders' Agreement Compliance: Required when shares issued upon exercise must comply with an existing shareholders' agreement
4. Foreign Ownership Restrictions: Special provisions for foreign employees subject to Philippine foreign ownership limitations
5. Currency Provisions: Required when dealing with foreign employees or cross-border transactions
6. Data Privacy Consent: Additional privacy provisions for handling employee personal data in connection with the option plan
1. Schedule A - Option Details: Specific details of the option grant including number of shares, exercise price, and grant date
2. Schedule B - Vesting Schedule: Detailed breakdown of the vesting timeline and conditions
3. Schedule C - Notice of Exercise Form: Standard form for exercising options
4. Schedule D - Securities Law Representations: Required representations and warranties regarding securities law compliance
5. Appendix 1 - Stock Option Plan: Copy or summary of the company's stock option plan
6. Appendix 2 - Tax Summary: Summary of relevant tax implications and requirements
Authors
Technology
Financial Services
Manufacturing
Retail
Healthcare
Professional Services
Telecommunications
E-commerce
Real Estate
Consumer Goods
Business Process Outsourcing
Software Development
Legal
Human Resources
Finance
Compliance
Corporate Secretariat
Tax
Executive Management
Compensation and Benefits
Stock Administration
Chief Executive Officer
Chief Financial Officer
General Counsel
HR Director
Compensation and Benefits Manager
Corporate Secretary
Legal Counsel
Finance Manager
HR Manager
Compliance Officer
Corporate Lawyer
Employee Benefits Specialist
Stock Plan Administrator
Executive Compensation Specialist
Tax Manager
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