Share option agreement

Non-employee; performance based
4 Reviews
Select support levelCompare
Recommended

Document overview

Use this agreement to grant an option to buy company shares to someone who is not an employee. The conditions to trigger the option can be specified by you.
Compliant
Compliant with the latest law in
  • England & Wales
  • Scotland
Document propertied
Document properties
  • Length:5 pages (1250 words)
  • Available in:
    MsWordMicrosoft Word DOCXApple pagesApple PagesRTFRTF
watertight guarantee
Backed by our watertight guarantee

If the document isn’t right for your circumstances for any reason, just tell us and we’ll refund you in full immediately.

writing in plain english
Written in plain English

We avoid legal terminology unless necessary. Plain English makes our documents easy to understand, easy to edit and more likely to be accepted.

Notes
Guidance notes included

You don’t need legal knowledge to use our documents. We explain what to edit and how in the guidance notes included at the end of the document.

email
Support from our legal team

Email us with questions about editing your document. Use our Lawyer Assist service if you’d like our legal team to check your document will do as you intend.

Update
Up to date with the latest law

Our documents comply with the latest relevant law. Our lawyers regularly review how new law affects each document in our library.

About this document

This agreement grants an option to buy shares in a company to a contractor or business advisor. The third party could be involved with the company in any way.

To be eligible to trigger the option, the holder have to achieve a target (such as a sales goal). You can decide what criteria can be met and set them down as a schedule to this agreement.

We have provided for the holder to pay for the option and also to pay for the shares on exercise. Either or both provisions may be deleted or the sums increased or reduced.

The holder should not be an employee. If he or she is, use this alternative agreement instead.

Examples of use

A contractor providing marketing services may be granted shares if he or she manages to increase revenues by a certain amount as a result of a certain project.

A hotel chain looking to list on a stock exchange may grant options to the firm of accountants advising them if the event occurs.

Alternative documents

We also sell variations on this agreement for the trigger being a higher share price or valuation, and not performance criteria.

When you grant options, it is a good time to put into place a new shareholders’ agreement while you remain in charge of the shares. If you wait until the option holder is a new shareholder, you will have to take greater account of what he wants.

The law in this agreement

This document is drawn under basic contract law.

The government also permits an Enterprise Management Incentive Scheme that allows qualifying employers to grant small share options, to a maximum value of £120k at the time of the grant, to qualifying employees.

There is no charge to tax at or after exercise but capital gains tax still applies on ultimate disposal. There are additional restrictions and conditions.

Contents

  • Definitions and interpretation
  • Optional reference to main contract for work
  • Option data
  • Grant of option
  • Conditions for exercise
  • What happens if main contract is terminated before option is exercised
  • Warranties by the company
  • Draft notice by option holder for exercise
  • Draft list of matters that may affect the holder's decision
Sample share option agreementSample page from the performance based share option agreement

CallTalk to us about this document

We are happy to answer any questions you have. Arrange for us to call you.

Recent reviews

Great Service
08 January 2019
Excellent!
ANGUS MORRISON
Easy to Adapt
05 August 2017
I was able to quickly adapt this agreement to my specific situation both commercially, but also as the MS Word format was easy to work with.
Daniel Templeman
Describe Sections Better
03 June 2019
Better/More descriptions of the optional section would help. Document itself was clear and functional.
Alan Timothy
Read all 4 reviews

Choose the level of support you need

Document Only

Complete the document template yourself using our guidance notes
£22.80
(incl VAT)
  • ok This document
  • okDetailed guidance notes explaining how to edit each paragraph
Most Popular

Lawyer Assist

Support from our legal team during and after editing
212 Reviews
£202.80
(incl VAT)
  • ok This document
  • okDocument with guidance notes explaining how to edit each paragraph
  • okUnlimited email support - ask our legal team any question related to completing the document
  • ok
    Review of your edited document by our legal team including:
    • reporting on whether your changes comply with the law
    • answering your questions about how to word a new clause or achieve an outcome
    • checking that your use of defined terms is correct and consistent
    • correcting spelling mistakes
    • reformatting the document ready to sign

Bespoke

Drafted for you, to your precise requirements
from
£600.00
(incl VAT)
  • okA document drawn just for you to your exact requirements
  • okPersonalised service provided by an experienced solicitor
  • okFree discussion before we provide an estimate, for you to ask questions and for us to understand your requirements
  • okTransparent fees - a fixed fee for the basic work, a fixed hourly rate for new or changed instructions, and no charge for office overheads or third party disbursements
  • okCareful and thorough consideration of your circumstances and your consequent likely practical and legal requirements
  • okProvision of options that you may not have considered with availability for discussion
  • okHelp and advice woven into the fabric of our service so that you can make the best decisions
© 1999 - 2024 Net Lawman Limited.
All rights reserved