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Consulting Agreement With Stock Options Template for United States

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Key Requirements PROMPT example:

Consulting Agreement With Stock Options

"I need a Consulting Agreement With Stock Options for hiring a senior technology advisor who will work 20 hours per week, with a monthly retainer of $10,000 and stock options vesting over 4 years starting March 2025, with special emphasis on IP protection as they'll be working on our core product."

Document background
The Consulting Agreement With Stock Options is essential for companies seeking to engage professional expertise while offering equity incentives. This document, governed by U.S. law, combines traditional consulting terms with stock option provisions, making it particularly valuable for startups and growth-stage companies. It addresses critical aspects including service scope, compensation structure, equity rights, intellectual property protection, and regulatory compliance. The agreement is designed to protect both parties' interests while ensuring alignment with SEC requirements and IRS guidelines for independent contractor relationships.
Suggested Sections

1. Parties: Identification of the company and consultant with full legal names and addresses

2. Background: Context of the consulting relationship and reason for engagement

3. Definitions: Key terms used throughout the agreement

4. Scope of Services: Detailed description of consulting services to be provided

5. Compensation: Payment terms, including fees and stock option details

6. Term and Termination: Duration of agreement and conditions for ending it

7. Independent Contractor Status: Clear statement of consultant's status as independent contractor

8. Intellectual Property Rights: Ownership and assignment of work product

Optional Sections

1. Non-Competition: Restrictions on competing activities during and after the consulting engagement

2. Non-Solicitation: Restrictions on soliciting employees or customers of the company

3. Expense Reimbursement: Terms and conditions for reimbursing consultant expenses

Suggested Schedules

1. Schedule A - Services Description: Detailed outline of services to be provided by the consultant

2. Schedule B - Compensation Details: Detailed fee structure and payment terms

3. Schedule C - Stock Option Terms: Specific terms of stock option grant including vesting schedule and exercise conditions

4. Exhibit A - Form of Stock Option Agreement: Standard form agreement for stock option grant

5. Exhibit B - Proprietary Information Agreement: Detailed terms regarding confidentiality and intellectual property protection

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓÆµ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

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Industries

IRC Section 409A: Federal tax regulations governing deferred compensation and stock options, ensuring proper valuation and timing of equity compensation

Securities Acts (1933/1934): Federal laws governing securities issuance, registration, and trading, including requirements for stock option grants

IRS Independent Contractor Guidelines: Federal guidelines determining worker classification as independent contractor vs employee, affecting tax treatment and obligations

ERISA: Employee Retirement Income Security Act governing benefit plans, potentially relevant if consultant receives certain types of benefits

State Contract Laws: State-specific regulations governing contract formation, enforcement, and interpretation

Intellectual Property Laws: Federal and state laws governing patents, copyrights, trade secrets, and IP ownership in consulting relationships

Defend Trade Secrets Act: Federal law providing uniform protection for trade secrets, crucial for consulting relationships involving confidential information

SEC Rule 701: Securities regulation governing equity compensation to consultants and employees by private companies

Blue Sky Laws: State-specific securities regulations governing stock issuance and transfer within each state

Corporate Authorization Requirements: State corporate laws and company bylaws requirements for stock option grants and consultant agreements

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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