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Option Agreement
I need an option agreement for granting stock options to a consultant, with a vesting schedule of 4 years and a 1-year cliff, including provisions for early exercise and a fair market value determination method. The agreement should comply with Hong Kong regulations and include a clause for termination of options upon cessation of services.
What is an Option Agreement?
An Option Agreement gives someone the right to buy or sell something specific at a set price within a certain timeframe. In Hong Kong's property and business markets, these agreements commonly cover real estate purchases, company shares, or intellectual property rights.
Under Hong Kong contract law, Option Agreements must clearly state the exercise price, validity period, and exact terms of the deal. They're particularly useful when buyers need time to arrange financing or sellers want to lock in a potential sale while keeping their assets. Once signed, the agreement becomes legally binding, and the option holder can "exercise" their right anytime before expiration.
When should you use an Option Agreement?
Option Agreements prove invaluable when you need to secure future rights without making an immediate full commitment. They're especially useful in Hong Kong's fast-moving property market when you've found an ideal property but need time to arrange financing or conduct due diligence.
These agreements also make sense for business acquisitions, where you might want to lock in the right to buy shares at today's price while completing market research. They're particularly strategic during mergers and acquisitions, helping secure key assets or intellectual property rights while finalizing broader deal terms. The key is using them early enough to secure favorable terms before market conditions change.
What are the different types of Option Agreement?
- Option To Buy Contract: Gives the right to purchase specific assets or property at a preset price, commonly used in real estate and business acquisitions
- Land Option Agreement: Specifically designed for securing future rights to purchase land or development properties, with clauses addressing zoning and development conditions
- Master Lease Agreement: Combines lease terms with purchase options, often used in commercial property arrangements where tenants may want future buying rights
Who should typically use an Option Agreement?
- Property Developers: Use Option Agreements to secure land for future development while arranging financing and obtaining necessary permits
- Business Investors: Secure rights to purchase company shares at predetermined prices, particularly useful during staged acquisitions or startup investments
- Legal Advisors: Draft and review agreements to ensure compliance with Hong Kong contract law and protect their clients' interests
- Real Estate Agents: Facilitate Option Agreements between buyers and sellers, especially in complex property transactions
- Corporate Finance Teams: Structure option terms and pricing mechanisms to align with business objectives and risk management strategies
How do you write an Option Agreement?
- Asset Details: Gather precise descriptions of the property, shares, or rights being optioned, including current market value and any encumbrances
- Option Terms: Set the exercise price, option period duration, and any conditions for exercising the option
- Party Information: Collect full legal names, addresses, and registration details for all involved parties
- Payment Structure: Define option premium amount, payment schedule, and exercise price payment terms
- Special Conditions: List any specific requirements like property inspection rights, due diligence periods, or regulatory approvals
- Document Generation: Use our platform to create a legally compliant Option Agreement tailored to Hong Kong requirements
What should be included in an Option Agreement?
- Identification Details: Full legal names and addresses of all parties, plus complete description of the optioned asset
- Option Terms: Clear statement of the option price, exercise price, and duration of the option period
- Exercise Mechanism: Detailed procedure for how and when the option can be exercised
- Consideration Clause: Specify the option premium amount and payment terms as required by Hong Kong contract law
- Governing Law: Explicit statement that Hong Kong law governs the agreement
- Default Provisions: Consequences of breach and remedies available to each party
- Execution Block: Proper signature sections for all parties, with company chops if required
What's the difference between an Option Agreement and a Stock Option Agreement?
An Option Agreement differs significantly from a Stock Option Agreement in several key aspects, though both deal with future rights. While an Option Agreement provides general rights to purchase various assets, a Stock Option Agreement specifically focuses on company shares, often as part of employee compensation or investment arrangements.
- Scope and Purpose: Option Agreements cover a broad range of assets (property, businesses, rights), while Stock Option Agreements exclusively deal with company shares
- Exercise Terms: Stock Option Agreements typically include vesting schedules and employment-related conditions, whereas Option Agreements usually have simpler exercise conditions
- Legal Framework: Stock Option Agreements must comply with Hong Kong's securities regulations and company law, while Option Agreements follow general contract law principles
- Duration and Structure: Stock Option Agreements often run for several years with complex vesting terms, while Option Agreements usually have shorter, fixed exercise periods
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