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Stock Option Agreement

Stock Option Agreement Template for Austria

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Key Requirements PROMPT example:

Stock Option Agreement

"I need an Austrian Stock Option Agreement for our Series A startup that will grant options to our CTO, with a 4-year vesting period starting March 1, 2025, and include special provisions for acceleration upon company sale."

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Document background
The Stock Option Agreement is a crucial document used by Austrian companies to provide equity incentives to their employees, directors, or consultants. It serves as the primary legal instrument for implementing employee stock ownership programs, which are increasingly common in Austrian businesses, particularly in the startup and technology sectors. The agreement must comply with Austrian corporate law, including the Stock Corporation Act (Aktiengesetz), securities regulations, and EU directives. It typically includes detailed provisions on option grants, vesting schedules, exercise procedures, and tax implications. This document is particularly important for companies looking to attract and retain talent by offering equity-based compensation, while ensuring compliance with Austrian legal requirements and protecting both the company's and option holders' interests.
Suggested Sections

1. Parties: Identification of the company granting the options and the option recipient

2. Background: Context of the option grant, including reference to any employee incentive scheme

3. Definitions: Key terms used throughout the agreement, including technical terms related to options, shares, and vesting

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

5. Vesting Schedule: Timing and conditions for option vesting, including any performance conditions

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

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

8. Taxation: Tax obligations and responsibilities of both parties under Austrian tax law

9. Compliance with Laws: Obligations to comply with relevant securities laws and corporate regulations

10. Data Protection: GDPR compliance provisions and data processing details

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

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

13. Governing Law and Jurisdiction: Specification of Austrian law governance and jurisdiction for disputes

Optional Sections

1. Change of Control Provisions: Special terms applying in case of company sale or merger - include if company anticipates potential M&A activity

2. International Participants: Additional provisions for option holders residing outside Austria - include if participants are in multiple countries

3. Bad Leaver Provisions: Specific consequences for termination due to misconduct - include if company wants stricter termination provisions

4. Company Repurchase Rights: Company's right to repurchase shares - include if company wants additional control over share ownership

5. Lock-up Period: Restrictions on selling shares after exercise - include for pre-IPO companies

6. Shareholder Rights: Rights attached to shares post-exercise - include if different from standard shareholder rights

7. Alternative Exercise Arrangements: Cashless exercise or similar arrangements - include if company offers alternative exercise methods

Suggested Schedules

1. Schedule 1 - Option Certificate: Formal certificate detailing the specific option grant

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

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

4. Schedule 4 - Tax Treatment Summary: Overview of tax implications under Austrian law

5. Schedule 5 - Shareholders Agreement Extract: Relevant provisions from the company's shareholders agreement

6. Appendix A - Data Processing Terms: Detailed GDPR-compliant data processing provisions

7. Appendix B - Company Valuation Principles: Methodology for determining fair market value of shares

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

alex.den.21@genieai.co
Relevant legal definitions





















































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Relevant Industries

Technology

Financial Services

Biotechnology

Professional Services

Manufacturing

E-commerce

Healthcare

Telecommunications

Software Development

Consulting

Startup Ecosystem

Venture Capital

Clean Technology

Digital Media

Research and Development

Relevant Teams

Legal

Human Resources

Finance

Executive Leadership

Compensation and Benefits

Corporate Governance

Compliance

Administration

Relevant Roles

Chief Executive Officer

Chief Financial Officer

Chief Legal Officer

Human Resources Director

Compensation Manager

Legal Counsel

Corporate Secretary

Finance Manager

HR Business Partner

Talent Acquisition Manager

Board Member

Managing Director

Compliance Officer

Employee Benefits Manager

Stock Plan Administrator

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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