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Stock Option Purchase Agreement Template for Australia

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Key Requirements PROMPT example:

Stock Option Purchase Agreement

"I need a Stock Option Purchase Agreement for my Australian tech startup to grant options to our first 10 employees, with a 4-year vesting period starting March 2025 and a cliff period of 12 months."

Document background
The Stock Option Purchase Agreement is a crucial document used in Australian business contexts when companies wish to grant stock options to employees, contractors, or other eligible recipients. This agreement is particularly important for startups, growing companies, and established businesses that use equity-based compensation as part of their retention and incentivization strategies. It must comply with Australian corporate law, particularly the Corporations Act 2001 (Cth) and relevant tax legislation. The document typically includes detailed information about the option grant, exercise terms, vesting conditions, and associated rights and obligations. It serves as the primary legal framework governing the option arrangement and is essential for protecting both the company's interests and the recipient's rights. The agreement becomes especially relevant during funding rounds, corporate restructuring, or when implementing employee share schemes.
Suggested Sections

1. Parties: Identification of the company issuing the options and the option recipient

2. Background: Context of the option grant, relationship between parties, and purpose of the agreement

3. Definitions: Detailed definitions of key terms used throughout the agreement

4. Grant of Options: Specific details of the options being granted, including number, class, and exercise price

5. Exercise Period: Timeframe during which the options may be exercised

6. Vesting Schedule: Details of when and how the options vest over time

7. Exercise Procedure: Process and requirements for exercising the options

8. Payment Terms: Methods and requirements for payment upon exercise of options

9. Taxation Obligations: Tax implications and responsibilities of both parties

10. Restrictions on Transfer: Limitations on transferring or assigning the options

11. Termination Provisions: Circumstances under which the options may be terminated or forfeited

12. Adjustments: Provisions for adjusting options in case of corporate events

13. Representations and Warranties: Statements of fact and promises by both parties

14. General Provisions: Standard legal provisions including governing law, notices, and amendments

Optional Sections

1. Change of Control Provisions: Special terms applying in case of company sale or merger

2. Shareholder Rights: Rights of option holders prior to exercise, used when providing specific voting or dividend rights

3. Lock-up Period: Restrictions on selling shares after exercise, typically used for pre-IPO companies

4. Drag-along and Tag-along Rights: Special rights in case of company sale, used for private companies

5. Employment Relationship: Specific provisions linking options to employment status, used for employee option schemes

6. Confidentiality Provisions: Additional confidentiality obligations, used when not covered in separate agreements

7. Bad Leaver Provisions: Consequences of termination for cause, used in employee option schemes

Suggested Schedules

1. Option Certificate: Formal certificate detailing the option grant

2. Exercise Notice: Template form for exercising options

3. Vesting Schedule Details: Detailed breakdown of vesting dates and conditions

4. Shareholders Agreement Deed of Accession: Form for agreeing to existing shareholders agreement upon exercise

5. Company Constitution Excerpt: Relevant sections of company constitution affecting options

6. Tax Declaration Form: Required tax forms for option exercise

7. Share Valuation Details: Information on share valuation methodology and current value

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

Relevant legal definitions











































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Relevant Industries

Technology

Financial Services

Professional Services

Biotechnology

Healthcare

Mining and Resources

Manufacturing

E-commerce

Software Development

Consulting

Retail

Telecommunications

Relevant Teams

Legal

Human Resources

Finance

Executive Leadership

Corporate Governance

Compensation and Benefits

Tax

Compliance

Share Registry

Corporate Services

Relevant Roles

CEO

CFO

General Counsel

HR Director

Chief People Officer

Company Secretary

Legal Counsel

HR Manager

Compensation and Benefits Manager

Finance Manager

Board Member

Executive Director

Senior Manager

Employee Benefits Specialist

Equity Compensation Administrator

Corporate Lawyer

Tax Advisor

Financial Controller

Industries








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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