N.Y. Comp. Codes R. & Regs. tit. 3 § 26.13

Current through Register Vol. 46, No. 53, December 31, 2024

Section 26.13 - Permissive provisions

(a) The plan may include:

(1) a limitation upon the number of shares which may be optioned to any single individual;

(2) a limitation to the effect that an optionee may exercise an option only while in the employ of the bank or within three months after leaving such employment;

(3) a limitation to the effect that an option may not be exercised more than two years after the death of the optionee;

(4) a limitation upon the times during a year when options may be exercised;

(5) a limitation upon the portion of an optionee's options which may be exercised in any one year;

(6) an age limitation upon the persons who may be granted options;

(7) a provision which would permit a bank's board of directors, subject only to the superintendent's approval, to make appropriate adjustments in the total number of shares as to which options may be granted, the number of shares which may be optioned to any single individual, the number of shares optioned under any option, and the option price under any option, to reflect any stock dividend, stock split or share combination duly effectuated by the bank; and

(8) a provision which would permit a bank's board of directors to amend the plan, subject only to the superintendent's approval; provided, however, that the approval of the holders of a majority of the bank's outstanding capital stock shall be required for any amendment (other than an adjustment made pursuant to paragraph [7] of this subdivision) which would:

(i) increase the number of shares as to which options may be granted;

(ii) change the number of shares which may be optioned to any single individual;

(iii) decrease an option price;

(iv) extend the term of the plan or of an option; or

(v) change the persons or category of persons eligible to be granted options.

(b) The foregoing provisions are not intended to be inclusive of all provisions which may be appropriate or desirable for inclusion in a plan.

N.Y. Comp. Codes R. & Regs. Tit. 3 § 26.13