Employee Stock Options Agreement Template for Australia

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Key Requirements PROMPT example:

Employee Stock Options Agreement

"I need an Employee Stock Options Agreement for our Australian tech startup that will grant options to senior developers, with a 4-year vesting schedule starting March 2025 and special provisions for an anticipated IPO in late 2025."

Document background
The Employee Stock Options Agreement is a fundamental document used by Australian companies to provide employees with the right to purchase company shares at a predetermined price within a specified timeframe. This agreement is particularly relevant for growing companies seeking to attract and retain talent while conserving cash resources. It is structured to comply with Australian regulatory requirements, including the Corporations Act 2001 (Cth), ASIC regulations, and relevant tax legislation. The document typically outlines the grant details, vesting conditions, exercise procedures, and consequences of various corporate events or employment termination. It's commonly used in startup environments, listed companies, and organizations looking to provide equity-based incentives to their workforce. The agreement should be customized based on the company's specific circumstances, equity structure, and intended option terms while maintaining compliance with Australian legal requirements.
Suggested Sections

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

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

3. Definitions and Interpretation: Key terms used throughout the agreement, including Option, Exercise Price, Vesting Date, etc.

4. Grant of Options: Details of options granted, including number of options and grant date

5. Exercise Price: Specification of the price at which options can be exercised

6. Vesting Schedule: Timing and conditions under which options become exercisable

7. Exercise of Options: Process and requirements for exercising options

8. Lapse of Options: Circumstances under which options may lapse or be forfeited

9. Rights and Restrictions: Rights attached to options and any restrictions on transfer or exercise

10. Taxation: Tax implications and responsibilities related to the options

11. Employment Relationship: Clarification that the agreement does not affect employment terms

12. Confidentiality: Obligations regarding confidential information

13. General Provisions: Standard contractual terms including notices, amendments, governing law

Optional Sections

1. Change of Control Provisions: Special terms applying in case of company sale or merger - include for companies considering future sale/IPO

2. Shareholder Rights: Rights of option holders in relation to dividends, voting - include if offering additional shareholder privileges

3. Bad Leaver Provisions: Specific consequences for termination due to misconduct - include for senior executives

4. Market Stand-off Agreement: Restrictions on sale during IPO - include for pre-IPO companies

5. International Tax Provisions: Special provisions for international employees - include if granting options to overseas employees

6. Clawback Provisions: Company's right to recoup benefits - include for senior executives or regulated industries

Suggested Schedules

1. Option Certificate: Formal certificate detailing the specific grant of options

2. Exercise Notice: Template form for exercising options

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

4. Employee Share Scheme Plan Rules: Complete rules of the overarching share scheme

5. Tax Summary: Summary of tax implications and worked examples

6. Worked Examples: Numerical examples of option exercise and tax calculations

7. Acceptance Form: Form for employee to accept the option grant

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 | Serial Founder & Legal AI Author

Relevant legal definitions
Clauses
Relevant Industries

Technology

Financial Services

Professional Services

Healthcare

Biotechnology

Software Development

E-commerce

Telecommunications

Manufacturing

Mining and Resources

Retail

Consulting

Media and Entertainment

Real Estate

Energy

Relevant Teams

Human Resources

Legal

Finance

Executive Leadership

Corporate Governance

Compensation & Benefits

Share Registry

Company Secretariat

Risk & Compliance

Board of Directors

Relevant Roles

Chief Executive Officer

Chief Financial Officer

Chief Technology Officer

Senior Software Engineer

Product Manager

Sales Director

Marketing Manager

Human Resources Director

Legal Counsel

Research Scientist

Business Development Manager

Operations Manager

Department Head

Technical Lead

Senior Analyst

Project Manager

Principal Engineer

Executive Director

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

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