Non Qualified Stock Option Agreement Template for Austria

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Key Requirements PROMPT example:

Non Qualified Stock Option Agreement

"I need a Non Qualified Stock Option Agreement under Austrian law for our technology startup, granting options for 1000 shares to senior software developers with a 4-year vesting period and cliff vesting after the first year, with an exercise price of €50 per share."

Document background
The Non-Qualified Stock Option Agreement is a crucial document used by Austrian companies to provide equity incentives to employees, executives, consultants, or other service providers. This agreement is typically implemented as part of a broader compensation strategy to attract and retain talent while aligning the interests of the option recipients with the company's long-term success. The document details the specific terms under which the recipient can purchase company shares, including the exercise price, vesting schedule, and exercise period, all while ensuring compliance with Austrian corporate law, securities regulations, and tax requirements. It is particularly important for growing companies, startups, and established businesses that want to offer equity-based incentives while maintaining proper legal structure and protection for all parties involved.
Suggested Sections

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

2. Background: Context of the option grant, including reference to any employment relationship or service agreement

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

4. Grant of Option: Specific details of the option grant, including number of shares and exercise price

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

6. Exercise of Option: Procedures and requirements for exercising the options

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

8. Payment and Taxation: Methods of payment for shares and tax obligations under Austrian law

9. Transferability Restrictions: Limitations on transfer or assignment of the options

10. Termination of Service: Impact of employment/service termination on options

11. Compliance with Laws: Provisions ensuring compliance with Austrian corporate and securities laws

12. Data Privacy: Provisions for handling personal data in accordance with GDPR

13. Governing Law and Jurisdiction: Specification of Austrian law and competent courts

Optional Sections

1. Change in Control Provisions: Special terms applying in case of company merger, acquisition, or restructuring

2. Lock-up Period: Additional holding period restrictions, typically used for senior executives

3. Shareholders' Agreement Adherence: Required when option exercise triggers joining an existing shareholders' agreement

4. Bad Leaver Provisions: Special conditions for termination due to misconduct or similar circumstances

5. Company Repurchase Rights: Company's right to repurchase shares under specific circumstances

6. International Tax Provisions: Additional tax provisions for non-Austrian residents

7. Stock Exchange Compliance: Additional provisions if company is listed on a stock exchange

Suggested Schedules

1. Option Certificate: Formal certificate detailing the specific option grant

2. Exercise Notice Form: Template form for exercising options

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

4. Tax Treatment Summary: Overview of tax implications under Austrian law

5. Shareholders' Agreement: Copy or summary of relevant shareholders' agreement provisions

6. Fair Market Value Calculation: Methodology for determining share fair market value

7. Required Regulatory Notices: Any mandatory disclosures under Austrian law

Authors

Alex Denne

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

Relevant legal definitions
Clauses
Relevant Industries

Technology

Financial Services

Professional Services

Manufacturing

Biotechnology

Telecommunications

Software Development

Consumer Goods

Healthcare

Media and Entertainment

E-commerce

Consulting

Research and Development

Relevant Teams

Legal

Human Resources

Finance

Executive Leadership

Corporate Development

Compensation and Benefits

Corporate Governance

Treasury

Tax

Compliance

Relevant Roles

Chief Executive Officer

Chief Financial Officer

Chief Technology Officer

Senior Software Engineer

Product Manager

Human Resources Director

Legal Counsel

Finance Manager

Operations Director

Sales Executive

Research Scientist

Business Development Manager

Department Head

Senior Consultant

Project Manager

Technical Lead

Executive Director

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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