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Stock Option Agreement
I need a stock option agreement for an employee who will be granted options as part of their compensation package, with a 4-year vesting schedule including a 1-year cliff, and provisions for accelerated vesting in the event of a company acquisition.
What is a Stock Option Agreement?
A Stock Option Agreement lets employees buy company shares at a set price during a specific timeframe - a key tool Danish companies use to attract and keep talented staff. Under Danish law, these agreements outline the exact terms: when you can exercise the options, how many shares you can buy, and at what price.
The agreement follows Danish Stock Option Act rules, which protect both employer and employee rights. It typically includes important details like vesting schedules, what happens if you leave the company, and tax implications under Danish regulations. Companies must report these agreements to tax authorities and ensure compliance with local securities laws.
When should you use a Stock Option Agreement?
Stock Option Agreements come into play when your Danish company needs to motivate key employees without spending immediate cash. They're especially valuable for startups and growth companies looking to attract top talent while preserving capital. Use them when building long-term incentive packages or creating alignment between employee and company success.
The timing often aligns with key hiring moments, funding rounds, or company milestones. Danish companies commonly implement these agreements during annual compensation reviews or when competing for specialized talent in tech, biotech, or other high-growth sectors. Remember that Danish tax rules require proper documentation and timing of option grants.
What are the different types of Stock Option Agreement?
- Employee Stock Option Agreement: Standard version for regular employees, with typical vesting schedules and exercise periods
- Stock Option Award Agreement: More formal version often used for executives, with performance-based vesting conditions
- Phantom Share Agreement: Virtual stock rights that pay cash instead of actual shares, popular in private companies
- Option To Purchase Shares Agreement: Broader agreement often used for non-employee stakeholders
- Stock Option Cancellation Agreement: Used to terminate existing options, often during company restructuring
Who should typically use a Stock Option Agreement?
- Company Management: Initiates and approves Stock Option Agreements, sets terms, and ensures compliance with Danish corporate law
- Board of Directors: Reviews and authorizes option plans, oversees implementation within corporate governance framework
- HR Department: Administers the program, maintains records, and communicates terms to employees
- Legal Counsel: Drafts agreements, ensures compliance with Danish securities laws and tax regulations
- Employees/Recipients: Accept and exercise options according to vesting schedules and terms
- Tax Advisors: Guide both company and recipients on Danish tax implications and reporting requirements
How do you write a Stock Option Agreement?
- Company Details: Gather current share value, total shares outstanding, and authorized option pool size
- Recipient Information: Collect employment status, position, start date, and performance metrics
- Option Terms: Define number of options, strike price, vesting schedule, and exercise period
- Corporate Approvals: Secure board resolution and shareholder approval if required under Danish law
- Tax Structure: Determine treatment under Danish tax rules and reporting requirements
- Documentation: Our platform generates compliant agreements with all mandatory Danish legal elements
- Review Process: Set up internal approval workflow and signature requirements
What should be included in a Stock Option Agreement?
- Identification Section: Company details, recipient information, and grant date under Danish law
- Option Terms: Number of shares, exercise price, and expiration date in compliance with Danish Stock Option Act
- Vesting Schedule: Clear timeline for when options become exercisable, including any cliff period
- Exercise Conditions: Process and requirements for converting options into shares
- Termination Clauses: Rights and obligations if employment ends
- Tax Provisions: Danish tax implications and reporting requirements
- Data Protection: GDPR-compliant personal data handling terms
- Governing Law: Explicit reference to Danish jurisdiction and applicable regulations
What's the difference between a Stock Option Agreement and a Stock Purchase Agreement?
Stock Option Agreements differ significantly from a Stock Purchase Agreement in both timing and purpose. While both deal with company shares, they serve distinct functions under Danish law.
- Timing of Share Transfer: Stock Option Agreements grant future rights to buy shares at a preset price, while Purchase Agreements execute an immediate sale
- Price Mechanism: Options lock in today's price for future purchase, whereas Purchase Agreements reflect current market value
- Employee Focus: Option Agreements typically serve as employee incentives with vesting periods, while Purchase Agreements handle direct share sales to any buyer
- Tax Treatment: Danish tax laws treat options differently from direct share purchases, particularly regarding timing of taxation and reporting requirements
- Risk Profile: Options carry no obligation to buy, offering protection if share prices fall, while Purchase Agreements create immediate binding commitments
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