The Advisor Stock Option Agreement is a crucial document for companies in Malaysia looking to attract and retain high-quality advisors by offering equity-based compensation. It is commonly used by startups, growth companies, and established businesses that want to align advisors' interests with the company's long-term success. The agreement must comply with Malaysian corporate law, particularly the Companies Act 2016 and relevant securities regulations. It typically includes detailed provisions about the option grant, vesting schedule, exercise procedures, and restrictions on transfer. The document is essential for establishing clear terms of equity compensation while ensuring compliance with local regulatory requirements and protecting both the company's and advisor's interests.
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Key Requirements PROMPT example:
Advisor Stock Option Agreement
"I need an Advisor Stock Option Agreement for our Malaysian technology startup to grant 50,000 stock options to a technical advisor, with a four-year vesting period starting March 1, 2025, and standard termination clauses for a pre-Series A company."
1. Parties: Identification of the Company and the Advisor, including full legal names and addresses
2. Background: Context of the advisor's engagement and the company's stock option program
3. Definitions: Key terms used throughout the agreement, including 'Option Shares', 'Exercise Price', 'Vesting Schedule', 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 Option: Process and requirements for exercising options, including payment methods and notice requirements
7. Term and Expiration: Duration of the option grant and circumstances of expiration
8. Restrictions on Transfer: Limitations on transferring or assigning the options
9. Rights as a Shareholder: Clarification of rights (or lack thereof) before exercise of options
10. Termination of Service: Impact of ending the advisory relationship on the options
11. Compliance with Laws: Requirements for compliance with Malaysian securities laws and regulations
12. Tax Obligations: Responsibilities for taxes arising from the grant or exercise of options
13. Notices: How formal communications between parties should be made
14. General Provisions: Standard contractual terms including governing law, amendments, and entire agreement
1. Change in Control Provisions: Special terms that apply in case of company sale or merger - include for early-stage companies
2. Lock-up Agreement: Restrictions on share sales during IPO period - include for pre-IPO companies
3. International Tax Provisions: Special tax considerations for non-Malaysian advisors - include for foreign advisors
4. Shareholder Agreement Compliance: Additional terms required by existing shareholder agreements - include if applicable
5. Consulting Services: Brief description of advisory services if not covered in separate agreement - include if no separate advisory agreement exists
6. Electronic Exercise Provisions: Procedures for electronic exercise of options - include for companies with electronic stock administration systems
1. Schedule A - Option Grant Details: Specific details of the option grant including number of shares, exercise price, and vesting schedule
2. Schedule B - Notice of Exercise Form: Template form for exercising options
3. Schedule C - Investment Representations: Advisor's representations regarding investment understanding and capacity
4. Schedule D - Vesting Milestones: Detailed description of any performance-based vesting conditions
5. Appendix 1 - Company's Stock Option Plan: Copy or summary of the company's stock option plan
6. Appendix 2 - Shareholders' Agreement: Summary of relevant shareholders' agreement provisions affecting option holders
7. Appendix 3 - Tax Summary: Summary of tax implications for option grants and exercises
Authors
Relevant legal definitions
Clauses
Relevant Industries
Technology
Financial Services
E-commerce
Healthcare
Biotechnology
Manufacturing
Professional Services
Education Technology
Clean Energy
Consumer Goods
Real Estate
Telecommunications
Relevant Teams
Legal
Human Resources
Finance
Corporate Secretarial
Executive Leadership
Board of Directors
Compensation Committee
Relevant Roles
Chief Executive Officer
Chief Financial Officer
Legal Counsel
Company Secretary
Human Resources Director
Board Member
Compensation Committee Member
Technical Advisor
Strategic Advisor
Business Development Advisor
Industry Expert
Scientific Advisor
Financial Advisor
Technology Advisor
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