Stock options 409a

We have a new partner, Tom Greene , who has been practicing in employee benefits and executive compensation for almost 20 years.

While not normally the preferred approach, options with a nominal or below FMV strike price may be useful in certain circumstances. Or two or more employees may join the company and receive options at different times but, for various reasons, wish to receive similar equity compensation packages.

For instance, the change of control may be a stock-for-stock reorganization with no cash consideration, or the separation from service may not include a sufficient severance package. Drafting around this risk may involve additional advance planning and negotiation.

There are circumstances in which in-the-money options may be useful. For more information, please contact Travis Blais or Tom Greene.

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Establishing fair market value for purposes of Section A and stock option grants | The Venture Alley

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