The Employee Stock Option Agreement serves as a crucial instrument in Dutch corporate practice for attracting, motivating, and retaining key employees by offering them the opportunity to participate in the company's future growth through share ownership. This document is typically used when companies want to align employee interests with shareholder value and create long-term incentives. It must comply with Dutch corporate law, employment regulations, and the specific tax regime for employee stock options, including the 2024 tax changes that shift taxation from exercise to share tradability. The agreement is particularly relevant for startups, scale-ups, and established companies looking to implement employee equity programs, and typically forms part of a broader compensation strategy. It includes detailed provisions on vesting conditions, exercise procedures, and the implications of various corporate events or employment termination scenarios.
Thank you! Your submission has been received!
Oops! Something went wrong while submitting the form.
Your data doesn't train Genie's AI
You keep IP ownership of your docs
1. Parties: Identification of the Company and the Employee (Option holder)
2. Background: Context of the option grant, reference to employment relationship and any overarching equity incentive plan
3. Definitions: Definitions of key terms including Exercise Price, Option Shares, Vesting Date, Exercise Period, etc.
4. Grant of Option: Details of the option grant including number of shares, exercise price, and type of shares
5. Vesting Schedule: Specific conditions and timeline for option vesting
6. Exercise of Option: Process and conditions for exercising options, including payment methods and notice requirements
7. Tax Provisions: Tax obligations, withholding requirements, and responsibilities of both parties
8. Termination Provisions: Impact of employment termination on options under different scenarios
9. Restrictions on Transfer: Limitations on transfer or assignment of options
10. Corporate Events: Treatment of options in case of mergers, acquisitions, or other corporate events
11. Data Protection: Provisions regarding handling of personal data in accordance with GDPR
12. General Provisions: Standard legal clauses including governing law, notices, and amendments
1. Lock-up Period: Required for listed companies or when preparing for IPO, specifying post-exercise share sale restrictions
2. Bad Leaver Provisions: Additional detailed provisions regarding forfeiture of options in case of termination for cause
3. Share Ownership Guidelines: Include when company has specific requirements for share retention
4. Shareholders' Agreement Adherence: Required for private companies where option holders must accede to an existing shareholders' agreement
5. Competition and Non-Solicitation: Additional restrictions tied to option benefits, if not covered in employment agreement
6. International Provisions: Required for employees working across multiple jurisdictions
7. Works Council Approval: Reference to works council approval where required under Dutch law
1. Notice of Exercise Form: Template form for exercising options
2. Equity Incentive Plan: Copy or summary of the overarching equity incentive plan if applicable
3. Vesting Schedule Details: Detailed breakdown of vesting dates and conditions
4. Tax Summary: Overview of tax implications and calculations under Dutch law
5. Shareholders' Agreement: Summary of key shareholders' agreement terms applicable to option holders
6. Fair Market Value Calculation: Methodology for determining share value for private companies
Find the exact document you need
Non Qualified Stock Option Agreement
A Dutch law-governed agreement granting employees the right to purchase company shares under specified terms and conditions, aligned with 2023 Dutch tax regulations.
Download
Option To Purchase Shares Agreement
A Dutch law agreement granting rights to purchase company shares at predetermined terms and conditions, subject to Netherlands corporate law requirements.
Download
Stock Option Cancellation Agreement
A Dutch law agreement documenting the cancellation of previously granted stock options, including terms, consideration, and mutual releases.
Download
Phantom Share Agreement
A Dutch law agreement establishing synthetic equity rights (phantom shares) that mirror company share value without actual share transfer.
Download
Employee Share Agreement
Dutch law-governed agreement setting out terms for employee share ownership, including grant conditions, vesting, and transfer restrictions.
Download
Stock Option Purchase Agreement
A Dutch law-governed agreement setting out terms for granting and exercising company stock options, including vesting schedules and exercise conditions.
Download
Employee Stock Option Agreement
A Dutch law-governed agreement setting out terms for employee stock options, including grant details, vesting conditions, and exercise rights.
Download
Genie’s Security Promise
Genie is the safest place to draft. Here’s how we prioritise your privacy and security.
Your documents are private:
We do not train on your data; Genie’s AI improves independently
All data stored on Genie is private to your organisation
Your documents are protected:
Your documents are protected by ultra-secure 256-bit encryption
We are ISO27001 certified, so your data is secure
Organizational security:
You retain IP ownership of your documents and their information
You have full control over your data and who gets to see it