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Employee Stock Option Agreement Template for Austria

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Key Requirements PROMPT example:

Employee Stock Option Agreement

"I need an Employee Stock Option Agreement under Austrian law for our Series B startup, granting senior software engineers options that vest over 4 years with a one-year cliff, starting March 2025, with provisions for accelerated vesting in case of an acquisition."

Document background
The Employee Stock Option Agreement is a crucial document used by Austrian companies to provide their employees with the right to purchase company shares at a predetermined price during a specified period. This agreement is particularly important in the Austrian business context, where companies must carefully balance corporate law requirements, employment regulations, and tax considerations. The document typically forms part of a company's broader equity compensation strategy and must comply with the Austrian Stock Corporation Act, Employment Contract Law Adaptation Act, and relevant tax legislation. It's commonly used by companies looking to attract and retain talent, align employee interests with company growth, and provide additional compensation benefits while managing cash flow. The agreement includes detailed provisions on vesting schedules, exercise procedures, and termination scenarios, all structured to comply with Austrian legal requirements and market practices.
Suggested Sections

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

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

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

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

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

6. Exercise of Options: Procedures and requirements for exercising options, including payment methods

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

8. Taxation and Social Security: Tax implications and social security obligations for both parties

9. Termination of Employment: Impact of various types of employment termination on the options

10. Transferability Restrictions: Limitations on transfer or assignment of options

11. Data Protection: GDPR compliance and data processing provisions

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

Optional Sections

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

2. Lock-up Period: Additional holding period requirements after exercise of options

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

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

5. Works Council Approval: Reference to works council approval if required under Austrian law

6. Shareholder Rights: Description of rights as a shareholder after exercise of options

Suggested Schedules

1. Schedule 1 - Notice of Exercise: Template form for exercising stock options

2. Schedule 2 - Vesting Schedule: Detailed breakdown of vesting dates and quantities

3. Schedule 3 - Tax Information: Summary of tax implications and reporting requirements

4. Appendix A - Stock Option Plan: Copy or summary of the company's stock option plan

5. Appendix B - Shareholders' Agreement: Summary of or reference to applicable shareholders' agreement

6. Appendix C - Data Privacy Notice: Detailed information about personal data processing

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok成人版 | 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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Relevant Industries

Technology

Financial Services

Biotechnology

Software Development

Professional Services

Manufacturing

E-commerce

Healthcare

Telecommunications

Consulting

Start-ups

Relevant Teams

Legal

Human Resources

Finance

Executive Leadership

Corporate Governance

Compensation & Benefits

Stock Administration

Payroll

Compliance

Relevant Roles

Chief Executive Officer

Chief Financial Officer

Chief Technology Officer

Senior Software Engineer

Product Manager

Sales Director

Research Scientist

Operations Manager

Legal Counsel

Human Resources Director

Finance Manager

Department Head

Senior Consultant

Technical Lead

Business Development 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, 聽Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination, 聽Severance Pay, Governing Law, Entire Agreemen

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