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Share Option Agreement Template for Denmark

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Key Requirements PROMPT example:

Share Option Agreement

Document background
The Share Option Agreement serves as a crucial document for companies operating under Danish jurisdiction who wish to offer equity incentives to their employees, directors, or consultants. This agreement type is commonly used as part of compensation packages to attract and retain talent, align interests with shareholders, and provide long-term incentives. The document must comply with specific Danish regulatory requirements, including the Stock Options Act (Aktieoptionsloven), tax regulations, and corporate law. It typically includes detailed provisions on vesting schedules, exercise procedures, and treatment of options under various scenarios such as employment termination or corporate transactions. The agreement is particularly important in the context of Danish companies' growing need to compete internationally for talent while maintaining compliance with local legal frameworks.
Suggested Sections

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

2. Background: Context of the option grant, including employment relationship and purpose of the scheme

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

4. Grant of Options: Details of the options being granted, including number of shares and type

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

6. Vesting Schedule: Timeline and conditions for when options become exercisable

7. Exercise Period: Timeframe and procedures for exercising the options

8. Taxation: Tax implications and responsibilities, including reference to Danish tax legislation

9. Transferability: Restrictions on transfer of options and shares

10. Termination of Employment: Standard consequences of employment termination on options

11. Corporate Events: Treatment of options in case of merger, sale, IPO, or other corporate events

12. Governing Law and Jurisdiction: Specification of Danish law as governing law and jurisdiction

Optional Sections

1. Good Leaver/Bad Leaver Provisions: Detailed provisions for different types of employment termination scenarios

2. Shareholders' Agreement Adherence: Required when option holders must adhere to an existing shareholders' agreement upon exercise

3. Non-Competition Clause: Restrictions on competition, if applicable to the option scheme

4. Malus and Clawback: Provisions for reclaiming or adjusting options in case of misconduct or financial restatement

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

6. Board Approval Process: Specific procedures for board approval of option exercises

7. Currency Provisions: Required when exercise price is in a currency other than Danish Krone

Suggested Schedules

1. Option Certificate: Formal certificate detailing the specific option grant

2. Exercise Notice: Template form for exercising options

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

4. Shareholders' Agreement: Copy or summary of relevant shareholders' agreement provisions

5. Tax Calculation Examples: Illustrations of tax implications under different scenarios

6. Company's Articles of Association: Relevant excerpts from the company's articles

7. Valuation Methodology: Description of how the exercise price was determined

Authors

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Relevant Industries
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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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