Employee Stock Options Agreement Template for United States

An Employee Stock Options Agreement is a legal contract governed by U.S. federal and state securities laws that grants an employee the right to purchase company stock at a predetermined price within a specified timeframe. This agreement outlines the terms of the option grant, including vesting schedule, exercise price, expiration dates, and conditions for exercise, while ensuring compliance with SEC regulations and relevant tax laws, particularly IRC Sections 409A and 422.

Typically:
i
This cost is based on prices provided by
6 legal services in your market.
With Genie AI:

£0

i
Generate and export your first
document completely free.
Thank you! Your submission has been received!
Oops! Something went wrong while submitting the form.
Get template free
Upload to review

Your data doesn't train Genie's AI

You keep IP ownership of your docs

4.6 / 5
4.6 / 5
4.8 / 5

What is a Employee Stock Options Agreement?

Employee Stock Options Agreements are fundamental instruments in corporate compensation strategies, particularly in the United States. These agreements serve as the primary vehicle for granting equity-based compensation to employees, offering them the opportunity to share in the company's growth. The agreement must comply with various U.S. regulations, including SEC rules, federal tax laws (particularly IRC Sections 409A and 422), and state securities laws. Companies typically implement these agreements as part of their talent acquisition and retention strategy, especially in competitive industries where equity compensation is expected.

What sections should be included in a Employee Stock Options Agreement?

1. Parties: Identifies the company issuing options and the employee receiving them

2. Background: Explains the context of the option grant and references relevant authorizing corporate actions

3. Definitions: Defines key terms including Exercise Price, Option Shares, Vesting Schedule, etc.

4. Grant of Option: Specifies the number of shares, type of options (ISO/NSO), and exercise price

5. Vesting Schedule: Details the timeline and conditions for option vesting

6. Exercise Provisions: Procedures and conditions for exercising options

7. Termination Provisions: Treatment of options upon various types of employment termination

What sections are optional to include in a Employee Stock Options Agreement?

1. Change of Control Provisions: Acceleration or special treatment of options in case of company sale/merger

2. Lock-up Agreement: Restrictions on sale of shares post-IPO

3. Right of First Refusal: Company's right to purchase shares before sale to third parties

What schedules should be included in a Employee Stock Options Agreement?

1. Notice of Exercise: Form for employee to complete when exercising options

2. Spousal Consent: Consent form for employee's spouse in community property states

3. Tax Election Forms: Including 83(b) election form if applicable

4. Stock Plan: Copy or summary of the company's equity incentive plan

5. Vesting Schedule Details: Detailed breakdown of vesting dates and quantities

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

Jurisdiction

United States

Publisher

Genie AI

Document Type

Equity Agreement

Cost

Free to use

Find the exact document you need

Sweat Equity Operating Agreement

A U.S. legal agreement governing the exchange of services for LLC ownership interests instead of monetary compensation.

Download

Continuous Agreement For Future Equity

A U.S.-governed agreement providing investors with rights to future company equity in exchange for immediate capital investment.

Download

Equity Agreement Contract

A U.S.-governed agreement establishing terms for equity issuance or transfer, including shareholder rights and regulatory compliance requirements.

Download

Founder Equity Agreement

A U.S.-governed legal agreement that establishes ownership rights and responsibilities among company founders.

Download

Equity Split Agreement

A U.S.-compliant legal agreement defining how company ownership is divided among stakeholders.

Download

Private Equity Finder's Fee Agreement

A U.S.-governed agreement establishing terms for compensating intermediaries who introduce investors to private equity opportunities.

Download

Convertible Loan Agreement Startup

A U.S.-governed agreement establishing terms for a loan that can convert into equity, commonly used in startup funding.

Download

Simple Agreement For Future Equity

A U.S.-governed investment instrument that provides rights to future equity in exchange for current funding, convertible upon specific trigger events.

Download

Advisor Equity Agreement

A U.S.-compliant agreement defining terms for advisor services in exchange for company equity compensation.

Download

Sweat Equity Agreement

A U.S.-compliant agreement documenting the exchange of services for company equity instead of monetary compensation.

Download

Startup Equity Contract

A U.S.-governed legal agreement defining terms and conditions for equity compensation in startups, including vesting schedules and exercise terms.

Download

Equity Share Contract

A U.S.-governed legal agreement defining terms and conditions of corporate share ownership, compliant with federal and state securities laws.

Download

Equity Incentive Agreement

A U.S. legal agreement establishing terms for employee equity compensation, including stock options and RSUs, compliant with federal and state laws.

Download

Convertible Agreement Regarding Equity

A U.S.-governed investment agreement providing rights to future equity in exchange for immediate capital investment.

Download

Equity Stake Agreement

A U.S.-governed agreement documenting the terms and conditions of an equity investment or transfer of ownership stakes in a company.

Download

Equity Release Agreement

A U.S. legal agreement allowing property owners to access their property's equity while maintaining residency rights.

Download

Equity Pledge Agreement

A U.S. law agreement creating a security interest in equity securities as collateral for an obligation.

Download

Equity Commitment Agreement

A U.S.-governed agreement establishing an investor's binding commitment to provide equity funding under specified terms and conditions.

Download

Phantom Equity Agreement

A U.S.-governed agreement that provides employees with economic benefits similar to stock ownership without actual equity transfer.

Download

Employee Equity Agreement

A U.S. legal agreement governing the grant of company equity to employees, including terms of ownership, vesting, and transfer restrictions.

Download

Standby Equity Distribution Agreement

A U.S.-governed agreement establishing a flexible equity financing facility allowing companies to sell shares to investors on a periodic basis, subject to federal securities laws.

Download

Equity Participation Agreement

A U.S.-governed agreement establishing terms for acquiring and holding an ownership stake in a company, including associated rights and obligations.

Download

Equity Distribution Agreement

A U.S.-governed agreement establishing terms for the sale of company shares through a distribution agent in at-the-market offerings.

Download

Equity Contribution Agreement

A U.S. legal agreement documenting the terms of an equity investment in exchange for ownership rights in a business entity.

Download

Equity Buyback Agreement

A U.S. legal agreement governing a company's repurchase of its own shares from existing shareholders.

Download

Equity Ownership Agreement

A U.S.-governed agreement establishing terms and conditions of company equity ownership, including shareholder rights and obligations.

Download

Employee Stock Options Agreement

A U.S.-governed agreement granting employees the right to purchase company stock at predetermined terms under federal securities laws.

Download
See more related templates

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