Employee Stock Options Agreement Template for Indonesia

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Key Requirements PROMPT example:

Employee Stock Options Agreement

"I need an Employee Stock Options Agreement for my Indonesian technology startup that will grant options to 15 senior engineers, with a 4-year vesting period starting March 2025 and standard termination provisions."

Document background
The Employee Stock Options Agreement is a crucial document used in Indonesian companies to provide employees with the right to purchase company shares at a predetermined price within a specified period. This agreement is particularly important for companies looking to attract and retain talent while aligning employee interests with company growth. It must comply with Indonesian regulatory framework, including Company Law No. 40 of 2007, Labor Law No. 13 of 2003, and relevant OJK regulations for public companies. The document typically forms part of a company's broader equity incentive strategy and includes detailed provisions on vesting schedules, exercise procedures, tax implications, and restrictions on transfer. It's especially relevant for growing companies, startups, and established corporations implementing employee retention programs in Indonesia.
Suggested Sections

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

2. Background: Context of the agreement, including reference to employment relationship and stock option plan

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

4. Grant of Option: Details of the stock 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: Procedures and conditions for exercising options, including payment methods

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

8. Termination of Employment: Impact of employment termination on vesting and exercise rights

9. Restrictions on Transfer: Limitations on transferring or assigning option rights

10. Compliance with Laws: Requirements for compliance with Indonesian securities and company laws

11. Tax Obligations: Tax responsibilities of both parties under Indonesian tax laws

12. Notices: Process for formal communications between parties

13. Governing Law: Specification of Indonesian law as governing law

14. Dispute Resolution: Procedures for resolving disputes under Indonesian jurisdiction

Optional Sections

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

2. Lock-up Period: Required for public companies, specifying holding period restrictions

3. Foreign Investment Compliance: Required when involving foreign employees or companies with foreign ownership

4. Market Standoff Agreement: Required for companies planning IPO, restricting sale during specific periods

5. Shareholders' Agreement Compliance: Required when company has existing shareholders' agreement affecting option holders

6. Electronic Execution: Optional provisions for electronic signing and documentation

7. Currency Provisions: Required when exercise price or payments may be in foreign currency

Suggested Schedules

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

2. Schedule B - Notice of Exercise: Template form for exercising options

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

4. Schedule D - Company's Stock Option Plan: Copy or summary of the company's overall stock option plan

5. Appendix 1 - Tax Treatment Summary: Summary of applicable tax regulations and implications

6. Appendix 2 - Regulatory Compliance Checklist: Checklist of required regulatory approvals and filings

7. Appendix 3 - Shareholder Approval: Copy of shareholder resolution approving the stock option plan

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

E-commerce

Manufacturing

Professional Services

Healthcare

Education Technology

Telecommunications

Consumer Goods

Digital Media

Software Development

Consulting

Retail

Biotechnology

Clean Energy

Relevant Teams

Legal

Human Resources

Finance

Corporate Secretarial

Executive Leadership

Compensation and Benefits

Corporate Governance

Compliance

Tax

Treasury

Relevant Roles

Chief Executive Officer

Chief Financial Officer

Human Resources Director

Legal Counsel

Company Secretary

Chief Technology Officer

Senior Software Engineer

Department Head

Regional Manager

Vice President

Managing Director

Senior Manager

Project Manager

Product Manager

Business Development Manager

Key Account 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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