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Stock Option Purchase Agreement

Stock Option Purchase Agreement Template for Denmark

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Stock Option Purchase Agreement

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Document background
The Stock Option Purchase Agreement is a crucial document used when companies wish to offer equity incentives to employees, consultants, or other stakeholders under Danish law. It serves as the primary legal instrument for documenting the grant of stock options, typically used as part of compensation packages to align interests between the company and key individuals. The agreement must comply with the Danish Companies Act (Selskabsloven), Stock Options Act (Aktieoptionsloven), and relevant tax regulations. It includes essential details such as grant size, exercise price, vesting conditions, exercise procedures, and restrictions on transfer, while also addressing tax implications and compliance requirements specific to the Danish jurisdiction.
Suggested Sections

1. Parties: Identification of the company granting the options and the option holder

2. Background: Context of the agreement, including the company's stock option program and authorization to grant options

3. Definitions: Key terms used throughout the agreement, including 'Exercise Price', 'Options', 'Shares', etc.

4. Grant of Options: Details of the options being granted, including number of shares and exercise price

5. Vesting Schedule: Timeline and conditions for when options become exercisable

6. Exercise of Options: Process and requirements for exercising options, including payment methods and notice requirements

7. Term and Expiration: Duration of the options and circumstances of expiration

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

9. Rights as a Shareholder: Clarification of rights (or lack thereof) before exercise of options

10. Tax Matters: Tax obligations and responsibilities of the parties

11. Compliance with Laws: Confirmation of compliance with relevant Danish securities and corporate laws

12. Governing Law and Jurisdiction: Specification of Danish law as governing law and jurisdiction for disputes

13. Signatures: Execution blocks for all parties

Optional Sections

1. Employment Relationship: Required when options are tied to employment status, describing impact of termination scenarios

2. Change of Control Provisions: Included when specific provisions apply in case of company sale or merger

3. Lock-up Period: Added when there are restrictions on selling shares after exercise

4. Bad Leaver Provisions: Included when different terms apply based on circumstances of employment termination

5. Shareholders' Agreement Adherence: Required when option holders must join existing shareholders' agreement upon exercise

6. Competition and Non-Solicitation: Added when additional restrictive covenants are tied to the option grant

7. Data Protection: Required when personal data processing needs specific attention under GDPR

Suggested Schedules

1. Option Certificate: Formal certificate detailing the specific grant terms and vesting schedule

2. Exercise Notice: Template form for exercising options

3. Deed of Adherence: Form for joining shareholders' agreement upon exercise if required

4. Company's Articles of Association: Current articles showing share classes and rights

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

6. Tax Calculations Example: Illustrative examples of tax implications in different scenarios

7. Board Resolution: Copy of board resolution authorizing the option grant

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Relevant Industries
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Relevant Roles
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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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