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Share Option Agreement

Share Option Agreement Template for Germany

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Key Requirements PROMPT example:

Share Option Agreement

"I need a Share Option Agreement under German law for our Berlin-based tech startup, granting options to our senior developers with a four-year vesting schedule starting March 2025 and including good/bad leaver provisions."

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Document background
Share Option Agreements are essential instruments for companies seeking to attract, motivate, and retain talented individuals by offering them the opportunity to participate in the company's future success through share ownership. This Share Option Agreement, governed by German law, is typically used when companies want to implement employee stock option plans (ESOPs) or similar equity incentive schemes. The document must comply with various German regulations, including the Stock Corporation Act (Aktiengesetz), Securities Trading Act (Wertpapierhandelsgesetz), and relevant tax laws. It's particularly important for start-ups, growing companies, and established corporations looking to align employee interests with company success through equity participation.
Suggested Sections

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

2. Background: Context of the option grant, relationship between parties, and company structure

3. Definitions: Key terms used throughout the agreement including Option, Exercise Price, Shares, Vesting Period

4. Grant of Option: Specific details of the option grant including number of shares, exercise price, and type of shares

5. Vesting Schedule: Detailed timeline and conditions for when options become exercisable

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

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

8. Taxation: Tax obligations and responsibilities of both parties

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

10. Adjustments: Provisions for adjusting option terms in case of corporate events

11. Termination: Consequences of employment termination or other triggering events

12. Governing Law and Jurisdiction: Specification of German law application and jurisdiction

Optional Sections

1. Change of Control Provisions: Special terms applying in case of company sale or merger - include if company anticipates such events

2. Bad Leaver Provisions: Consequences of termination for cause - include if company wants additional protection

3. Shareholders' Agreement Adherence: Requirement to join existing shareholders' agreement - include if applicable

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

5. Data Protection: GDPR compliance provisions - recommended for handling personal data

6. Non-Competition: Restrictions on competing activities - include if desired and permissible

7. Tag-Along Rights: Right to join in sale of shares - include for minority protection

Suggested Schedules

1. Option Certificate: Formal document evidencing the grant of options

2. Exercise Notice: Template form for exercising options

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

4. Company Information: Key details about the company and its share capital

5. Tax Calculation Examples: Illustrations of tax treatment in different scenarios

6. Shareholders' Agreement: Copy or summary of existing shareholders' agreement if relevant

7. Board Resolution: Copy of board approval for the option program

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈË°æ | 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





































Clauses

























Relevant Industries

Technology

Start-ups

Financial Services

Professional Services

Manufacturing

Healthcare

E-commerce

Software Development

Biotechnology

Consulting

Relevant Teams

Legal

Human Resources

Finance

Executive Leadership

Corporate Governance

Compensation & Benefits

Compliance

Administration

Relevant Roles

CEO

CFO

General Counsel

HR Director

Compensation Manager

Corporate Secretary

Finance Manager

Legal Counsel

HR Manager

Equity Compensation Specialist

Board Member

Managing Director

VP of Human Resources

Chief People Officer

Compliance Officer

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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