Can stock option plans of foreign companies qualify?

October 14, 2011

Date:   26 Mar 2008
From:   Michael

Dear Michael Gray,

Can stock option plans of foreign corporations qualify as ISOs?

Best regards
Michael

Answer

Date:   10 Apr 2008

Hello Michael,

Yes. However, there are a lot of technical requirements to qualify to be an ISO, including stating on the option grant that it is an ISO. If a foreign company wants to issue employee stock options qualifying as ISOs for their U.S. citizen or U.S. resident employees, it should have a good lawyer help it create and implement the plan.

Good luck!

Mike Gray

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