Legal Question in International Law in New York
Our company is a Delaware C-corp. How do we issue stock options to a Brazilian citizen living in Brazil?
2 Answers from Attorneys
It's done through stock grant / subscription agreements. Prior to the grant, the company must conduct a valuation in accordance with section 409A and should also have a stock plan in place. The appropriate board and shareholder resolutions should also be in place prior to the issuance.
Any issuance of equity is better done through an attorney. My office routinely handles such matters and I will be happy to help. The good news is that many of the documents used are standard so the relative cost of the transaction is not high.
Roman R. Fichman, Esq.
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This matter involves both US and Brazil law with which we could assist. There are both corporate matters as well as tax matters to be considered. We are available for consultation at [email protected]. Best.
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