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Stock Option Cancellation Agreement
"I need a Stock Option Cancellation Agreement for our Hong Kong listed company where we're cancelling 50,000 unvested options from a departing executive effective March 1, 2025, with a cash consideration of HKD 100,000."
1. Parties: Identifies the company issuing the options and the optionholder(s)
2. Background: Recitals explaining the existing option grant and reason for cancellation
3. Definitions: Defines key terms used in the agreement
4. Cancellation of Options: Details of the options being cancelled and effective date
5. Consideration: Any payment or benefit provided in exchange for the cancellation
6. Mutual Releases: Releases between parties regarding the cancelled options
7. Tax Matters: Responsibilities for tax liabilities and related obligations
8. Representations and Warranties: Standard representations about authority, ownership, and no encumbrances
9. Confidentiality: Obligations to keep the agreement and its terms confidential
10. General Provisions: Standard boilerplate including governing law, notices, and entire agreement
1. Employment Status: Required if optionholder is an employee and cancellation affects employment terms
2. Related Agreements: Required if cancellation is part of a larger transaction or affects other agreements
3. Survival of Obligations: Required if any obligations from the original option agreement survive
4. Regulatory Compliance: Required for listed companies or when specific regulatory approvals are needed
5. Payment Terms: Required if consideration is paid in installments or subject to conditions
6. Tax Indemnity: Required if complex tax implications necessitate specific indemnification provisions
1. Schedule 1 - Details of Options: Comprehensive details of options being cancelled including grant date, exercise price, vesting schedule
2. Schedule 2 - Calculation of Consideration: If applicable, formula or mechanism for calculating cancellation consideration
3. Schedule 3 - Form of Release: Standard form of release to be signed by optionholder
4. Appendix A - Original Option Agreement: Copy of the original option agreement being cancelled
5. Appendix B - Board Resolution: Copy of board resolution approving the cancellation
Authors
Board
Business Day
Cancellation
Cancellation Date
Company
Consideration
Effective Date
Encumbrance
Exercise Price
Grant Date
Hong Kong
Option(s)
Option Agreement
Option Holder
Option Plan
Option Shares
Parties
Payment Date
Release
Representatives
Securities and Futures Ordinance
Share(s)
Stock Exchange
Surviving Provisions
Tax
Tax Authority
Transaction Documents
Vested Options
Unvested Options
Consideration
Payment Terms
Mutual Release
Tax Obligations
Representations and Warranties
Confidentiality
Data Privacy
Regulatory Compliance
Employment Status
Further Assurance
Amendments
Assignment
Notices
Severability
Entire Agreement
Governing Law
Dispute Resolution
Costs
Third Party Rights
Waiver
Counterparts
Authority
Survival
Force Majeure
Time of Essence
Technology
Financial Services
Professional Services
Manufacturing
Retail
Healthcare
Telecommunications
Real Estate
Energy
Start-ups
Listed Companies
Private Companies
Legal
Human Resources
Finance
Corporate Secretarial
Executive Management
Board of Directors
Compliance
Compensation & Benefits
Corporate Governance
Chief Executive Officer
Chief Financial Officer
General Counsel
HR Director
Company Secretary
Compensation Manager
Legal Counsel
Finance Manager
Corporate Secretary
Board Director
HR Manager
Equity Compensation Administrator
Compliance Officer
Stock Plan Administrator
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