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Employee Stock Option Agreement
"I need an Employee Stock Option Agreement for a private Irish tech startup with 50 employees, incorporating a 4-year vesting schedule with a one-year cliff, and including provisions for both good and bad leaver scenarios."
1. Parties: Identification of the Company and the Employee (Option holder)
2. Background: Context of the option grant and reference to any overarching equity incentive plan
3. Definitions: Definitions of key terms including Option, Exercise Price, Shares, Vesting Date, etc.
4. Grant of Option: Details of the option grant including number of shares, type of shares, and exercise price
5. Vesting Schedule: Timing and conditions for option vesting
6. Exercise of Option: Process and conditions for exercising options, including payment methods and timing
7. Taxation: Tax obligations and responsibilities of both parties
8. Termination of Employment: Impact of employment termination on options under different scenarios
9. Restrictions on Transfer: Limitations on transferring or assigning the options
10. Company's Rights: Company's rights regarding share issuance and corporate actions
11. Data Protection: GDPR compliance and data handling provisions
12. General Provisions: Standard boilerplate clauses including notices, amendments, governing law
1. Change of Control: Provisions for what happens to options in case of company sale or merger - include for private companies
2. International Provisions: Special terms for employees in different jurisdictions - include if agreement will cover international employees
3. Market Standoff: Restrictions during IPO - include for pre-IPO companies
4. Shareholders' Agreement Adherence: Requirement to sign shareholders' agreement - include for private companies
5. Clawback Provisions: Terms for recouping options/shares in specific circumstances - include for senior executives
6. Performance Conditions: Additional vesting conditions tied to performance - include if options are performance-based
1. Option Certificate: Formal certificate detailing the option grant
2. Notice of Exercise: Form for exercising options
3. Vesting Schedule Details: Detailed breakdown of vesting dates and quantities
4. Tax Calculation Examples: Illustrations of tax implications in different scenarios
5. Shareholders' Agreement: Copy or summary of relevant shareholders' agreement provisions
6. Company's Articles of Association: Relevant extracts from articles relating to shares and share options
Authors
Technology
Financial Services
Professional Services
Biotechnology
Software Development
E-commerce
Consulting
Healthcare Technology
Fintech
Start-ups and Scale-ups
Manufacturing
Telecommunications
Human Resources
Legal
Finance
Company Secretarial
Executive Leadership
Compensation & Benefits
Corporate Governance
Talent Acquisition
Chief Executive Officer
Chief Financial Officer
Chief Technology Officer
Software Engineer
Product Manager
Sales Director
Senior Developer
HR Director
Legal Counsel
Finance Manager
Operations Manager
Research Scientist
Business Development Manager
Marketing Director
Department Head
Technical Lead
Senior Consultant
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