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Basics: Grants


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  Articles   FAQs  

How Does Your Company's Stock Plan Compare? (Part 1) This is premium content

Kate Victory
How typical are your grants of stock options or restricted stock? Compare their terms and provisions with the results of the NASPP's 2007 Domestic Stock Plan Design & Administration Survey.

How Does Your Company's Stock Plan Compare?
(Part 2)
This is premium content

Kate Victory
It's hard to find comparative data on grants of stock options and restricted stock. The NASPP's 2007 Domestic Stock Plan Design & Administration Survey includes data on grant guidelines, expiration provisions, job termination exercise rules, and M&A.

Stock Option Terms: What You Can Expect This is premium content

Richard Friedman
UPDATED! Get a sense of what you should, and should not, expect in the terms of your stock option grant. This survey of 300 companies in 2007 looks at trends in vesting schedules, post-termination exercise rules, and other plan features (includes some details on restricted stock grants).

Your Stock Grants May Come With Strings Attached This is premium content

Bruce Brumberg
The days of exercising your stock options, pocketing the gains, and walking to a direct competitor may soon be over. Your company may put noncompete forfeiture provisions in your stock grants.

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FAQ Table of Contents:
  • Process
  • Rules
  • Job Events
  • Advanced

  • Process

    What is the process of granting equity awards?

    Stock grants, such as options or restricted stock, are typically determined by the group or person that sets cash compensation levels and bonuses at your company. The full board, compensation committee, or authorized officer of the company then...

    UPDATED! How much are my options worth at grant? This is premium content

    Stock options often cannot be exercised until they are vested, and then they are profitable only after...

    NEW! How does my private company decide on the size of my stock grant? This is premium content

    Unlike public companies or large private companies that may have grant guidelines, most private companies determine the grant size by...

    What does it mean when someone says that employee stock options have both face (or intrinsic) value and time value? This is premium content

    The value of an option consists of two elements: time premium and intrinsic value. Intrinsic value is the difference...

    How is my stock grant's exercise price set? This is premium content

    The full board of directors, the compensation committee, or an executive with expressly delegated authority...

    How is fair market value (FMV) determined for setting my exercise price? What are common company practices? This is premium content

    In most cases, your exercise price for stock options is...

    Does the IRS have any rules on setting exercise prices? This is premium content

    Only for ISOs directly, though even NQSO exercise prices need to follow the rules on nonqualified deferred compensation to avoid becoming discounted stock options. ISOs must be granted at a price which is at least equal to the...

    What is the standard stock option term? Do options ever expire? This is premium content

    Most options are granted with a 10-year term. Some have a shorter life, such as...

    What is a "stock grant agreement"?

    A stock grant agreement is a form your company uses to grant you an equity award. Grant agreements can be in the form of...

    What does a stock grant agreement look like, and what terms does it cover? Where can I find samples? This is premium content

    Depending on the type of equity award, a stock grant agreement can be...

    UPDATED! What guidelines do employers use to determine how many stock options or restricted shares to grant? This is premium content

    Though this varies from industry to industry and among peer companies, most companies use a combination of...

    What is the difference between variable and fixed stock option grant guidelines? This is premium content

    With variable grant guidelines, your company determines grant size according to a target dollar value rather than...

    Is it better to be granted nonqualified stock options (NQSOs) or incentive stock options (ISOs)?

    First, you may be eligible to receive only NQSOs, so read the FAQs on the requirements of ISOs...

    How will I know which type of option I have been granted? This is premium content

    Look at your grant agreement...

    Can I receive grants in more than one year? This is premium content

    Yes. While almost all companies make awards to eligible new employees...

    Will I be granted stock options and/or restricted stock automatically every year? This is premium content

    Companies tend to grant options at hire and only periodically thereafter to reward performance...

    My company granted me stock options and restricted stock under its 2000 plan. Why wasn't my grant under a plan of the current year? This is premium content

    Some companies have more than one stock plan. When a company offers just one omnibus plan...

    What is a "stock split"? This is premium content

    A stock split occurs when a company wishes to lower its share price to permit more investors to be able to...

    UPDATED! What is "dilution"? This is premium content

    Dilution refers to the effect that a grant of stock options...

    How does a stock split affect my stock option grants? This is premium content

    Most stock option plans automatically adjust your options for the stock split. Your number of options will be...

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    Rules

    Do I pay any taxes when stock options are granted to me? This is premium content

    In the United States and in most countries stock options are not taxed at grant. The Internal Revenue Code...

    Must an employer grant stock options or restricted stock to all employees?

    No. Companies are not required to have broad-based, company-wide stock grants, although they cannot discriminate in deciding who is eligible. Employers have extraordinary...

    Are there any limitations on my company's discretion in granting stock options and/or restricted stock? This is premium content

    Almost none, assuming the legal and other technical formalities are followed in creating...

    What is a "prospectus"? This is premium content

    For a public company to issue stock options properly under federal securities laws, it must furnish each participant in its stock option plan with a "prospectus"...

    Can the exercise price of outstanding stock options ever be raised or lowered? Can the options be repriced? This is premium content

    Generally, the exercise price cannot be raised without your written consent...

    NEW! How are the dates of stock grants set, and when are grants made? This is premium content

    Amid concerns about the backdating and springloading of stock options, companies have tightened their procedures for approving stock grants and their timing. After grants are properly approved, companies are now...

    UPDATED! Can I have the exercise price of a new stock option grant lowered or backdated? This is premium content

    Previously, in some new-hire situations your company might have been more flexible. Now companies try...

    Can stock options be granted outside a formal stock plan? This is premium content

    Nonqualified stock options (but not incentive stock options) can be granted without a formal plan...

    Can I be granted both incentive stock options and nonqualified stock options? This is premium content

    Yes, as long as your company's stock-option plan permits both to be granted. The decision to do so belongs to your company...

    Can my employer revoke a grant of stock options? This is premium content

    No, except in very limited circumstances. For example, if you obtained your job by fraudulent means, your grant could be revoked...

    When I am still working at my company, can it rescind or cancel my outstanding stock options or restricted stock before vesting instead of firing me?

    Not unilaterally. Although no specific law exists on this question, courts have examined this situation and provided some guidance...

    Can stock options be granted to union employees? This is premium content

    Yes. Traditionally, however, union representatives have abjured equity compensation and profit-sharing for...

    Are stock options ever granted to temporary employees? This is premium content

    Rarely. Temporary employees are usually not employed long enough at a company to vest in stock options...

    I work for a "professional employer organization." Can stock options be granted to me? This is premium content

    Yes. Many startup companies cannot give their employees the benefits and human-resource assistance that are provided by large employers...

    After a grant of stock options, am I treated as a shareholder? This is premium content

    No. You do not become a shareholder until you exercise...

    UPDATED! Can a grant of stock options be an insider trading violation? This is premium content

    Generally, no violation occurs if you receive a grant of stock options when you know secret stock-price-moving information about your company. However, the SEC has focused severely in recent years on...

    In personal bankruptcy, can stock options be attached by creditors? This is premium content

    It is unresolved whether in-the-money stock options that the bankrupt individual holds (1) constitute assets of the bankrupt party that are reachable by the creditors or (2) are...

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    Job Events

    What is the likelihood of receiving a new-hire or periodic stock option grant? This is premium content

    The chances depend mainly on your position, its salary grade, and/or...

    Are stock option and restricted stock grants negotiable? What terms are negotiable at hire? This is premium content

    In most instances, stock grants are subject to the same types of...

    How many options have been granted to others in my company? This is premium content

    Usually companies keep this information private...

    How do I know whether I am being granted my fair share of stock options? Are grant guidelines available publicly so that I can compare my grant to others in my and different industries? This is premium content

    Unless you are a senior executive of a public company who can compare grants at peer companies by looking at their proxy statements, or unless your company is willing to open its option records to you, you may never know whether you and your co-workers have been treated equally...

    What should I do if I feel that I have been granted too few options? This is premium content

    If you are convinced that you have been treated unfairly...

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    Advanced

    UPDATED! How common are premium, indexed, and performance-based stock options? This is premium content

    Companies set the exercise price at some premium to the current market price as an additional...

    NEW! What are common criteria for receiving stock options outside the US? This is premium content

    In its 2006 study of stock plans in many countries, the National Association of Stock Plan Professionals surveyed...

    Why is dilution important to me? How do stock grants affect it? This is premium content

    Dilution affects both private and public companies, and additional issues arise for private companies...

    How common are noncompete provisions in stock grants? What activities can trigger a noncompete provision? This is premium content

    They occur at numerous companies...

    Why do companies do reverse stock splits, and how do they affect stock options? This is premium content

    Reverse stock splits are an effort by a company to reduce the number of shares...

    UPDATED! What is a "reload" or "restoration" option? How common are they in stock plans? This is premium content

    This is a special feature included in a stock option at the time of grant. It provides for...

    Are all reload options alike? This is premium content

    Most plans reload/regrant options equal to the number...

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    Featured FAQs
    NEW! How are the dates of stock grants set, and when are grants made? This is premium content
    Amid concerns about the backdating and springloading of stock options, companies have tightened their procedures for approving stock grants and their timing. After grants are properly approved, companies are now...
    NEW! What are common criteria for receiving stock options outside the US? This is premium content
    In its 2006 study of stock plans in many countries, the National Association of Stock Plan Professionals surveyed...
    NEW! How does my private company decide on the size of my stock grant? This is premium content
    Unlike public companies or large private companies that may have grant guidelines, most private companies determine the grant size by...