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This document is intended for use where the directors of a company wish to issue employee share options. It is meant for use in conjunction with our template share option deed and template share option offer letter.
This document only applies to an offer to employees under the exclusion for employee share purchase schemes set out in the Financial Markets Conduct Act 2013 (FMCA). Please see our NZ securities law – tech company capital raising guide for an explanation of the exclusion.
This document assumes that directors will sign a written resolution, rather than hold a board meeting. As such, it must be signed by all directors of the company. The directors who sign the resolution will also need to sign a directors’ certificate that complies with section 49 of the Companies Act 1993 (the form of that certificate follows the resolutions set out in this document).
The company must notify the Registrar of Companies of the issue of any new shares upon exercise of the share options within 10 working days after the shares are issued. This can be done online via the Companies Office website.
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