Incentive Stock Option Agreement Template for Belgium

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Key Requirements PROMPT example:

Incentive Stock Option Agreement

"I need an Incentive Stock Option Agreement under Belgian law for our tech startup, granting 1,000 stock options to each of our 5 senior developers with a 4-year vesting period starting March 1, 2025, and including specific provisions for a potential IPO within the next 3 years."

Document background
The Incentive Stock Option Agreement serves as a crucial document for Belgian companies looking to attract, retain, and motivate key employees by offering them the opportunity to participate in the company's growth through share ownership. This agreement is commonly used by both private and public companies in Belgium, particularly in high-growth sectors and scale-ups. The document must comply with specific Belgian tax and corporate law requirements, including the Law of 26 March 1999 on Stock Options, which provides for a specific tax regime for stock options. It typically includes detailed provisions on vesting schedules, exercise procedures, and tax implications, while ensuring compliance with Belgian corporate governance requirements and EU regulations. The agreement is particularly important for companies implementing employee incentive schemes or preparing for potential exit events.
Suggested Sections

1. Parties: Identification of the company granting the options and the employee receiving them

2. Background: Context of the option grant, reference to any employee stock option plan, and corporate approvals

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

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

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

6. Exercise Period: Time limitations and procedures for exercising options

7. Method of Exercise: Process and requirements for exercising options, including payment methods

8. Tax Obligations: Tax implications and responsibilities under Belgian law

9. Transfer Restrictions: Limitations on transferring or pledging options or resulting shares

10. Termination of Employment: Impact of employment termination on options

11. Data Protection: Handling of personal data in compliance with GDPR

12. Governing Law and Jurisdiction: Specification of Belgian law application and jurisdiction

13. Entire Agreement: Integration clause and relationship to other documents

Optional Sections

1. Change in Control: Provisions for what happens to options in case of company merger or acquisition

2. International Supplement: Additional provisions for employees working across multiple jurisdictions

3. Company Repurchase Rights: Company's right to repurchase shares acquired through option exercise

4. Lock-up Period: Restrictions on selling shares for a period after exercise

5. Shareholder Rights: Rights of option holders prior to exercise

6. Bad Leaver Provisions: Special conditions for termination due to misconduct

7. Corporate Social Responsibility: Additional conditions related to company's ethical standards

Suggested Schedules

1. Notice of Exercise Form: Standard form for exercising options

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

3. Tax Treatment Summary: Summary of Belgian tax implications and calculations

4. Shareholders' Agreement Extract: Relevant provisions from the company's shareholders' agreement

5. Board Resolution: Copy of board resolution approving the option grant

6. Stock Option Plan: Copy or summary of the company's stock option plan

7. Fair Market Value Calculation: Methodology for determining share value under Belgian 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
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Technology

Biotechnology

Financial Services

Professional Services

Manufacturing

Healthcare

Software Development

E-commerce

Telecommunications

Consulting

Research and Development

Clean Energy

Digital Media

Life Sciences

Relevant Teams

Human Resources

Legal

Finance

Executive Leadership

Operations

Information Technology

Research & Development

Sales

Business Development

Product Development

Administrative

Relevant Roles

Chief Executive Officer

Chief Financial Officer

Chief Technology Officer

Senior Software Engineer

Product Manager

Sales Director

Research Scientist

Business Development Manager

Department Head

Senior Consultant

Project Manager

Technical Lead

Senior Manager

Director

Vice President

Principal Engineer

Key Account Manager

Regional Manager

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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