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Monday, February 18, 2008 1:11:42 PM
FORM S-8 IS FOR REGISTRATION OF SHARES TO BE OFFERED TO EMPLOYEES PURSUANT TO EMPLOYEE BENEFIT PLANS
The filing outlines the plan , the eligibility , nothing to guess or debate. Nothing more nothing less then giving employess shares for incentives and again I ask > WHY IS THAT SUCH A PROBLEM????
Here is the outline from the SEC for form S-8
S-8 Initial registration statement for
securities to be offered to employees
pursuant to employee benefit plans
http://www.sec.gov/info/edgar/forms/edgform.pdf
Here are the FACTS>
The name of the filing is >
Form S-8 -- Securities to be offered to employees in employee benefit plans
http://www.sec.gov/Archives/edgar/data/1133598/000114420408009872/0001144204-08-009872-index.htm
The filing CLEARLY says >
http://www.sec.gov/Archives/edgar/data/1133598/000114420408009872/v103687_ex10-1.htm
DEALERADVANCE INC. 2008 INCENTIVE STOCK PLAN
This Dealeradvance, inc. 2008 Incentive Stock Plan (the "Plan") is designed to retain directors, executives and selected employees and reward them for making major contributions to the success of the Company. These objectives are accomplished by making long-term incentive awards under the Plan thereby providing Participants with a proprietary interest in the growth and performance of the Company.
3. Eligibility.
(a) General: The persons who shall be eligible to receive Grants shall be directors, officers, or employees of the Company. An Optionee may hold more than one Option. Any issuance of a Grant to an officer or director of the Company subsequent to the first registration of any of the securities of the Company under the Exchange Act shall comply with the requirements of Rule 16b-3.
(b) Incentive Stock Options: Incentive Stock Options may only be issued to employees of the Company that have been employed with the Company for a period of no less than six (6) months. Incentive Stock Options may be granted to officers or directors, provided they are also employees of the Company. Payment of a director's fee shall not be sufficient to constitute employment by the Company.
The Company shall not grant an Incentive Stock Option under the Plan to any employee if such Grant would result in such employee holding the right to exercise for the first time in any one calendar year, under all Incentive Stock Options granted under the Plan or any other plan maintained by the Company, with respect to shares of Stock having an aggregate fair market value, determined as of the date of the Option is granted, in excess of $100,000. Should it be determined that an Incentive Stock Option granted under the Plan exceeds such maximum for any reason other than a failure in good faith to value the Stock subject to such option, the excess portion of such option shall be considered a Nonstatutory Option. To the extent the employee holds two (2) or more such Options which become exercisable for the first time in the same calendar year, the foregoing limitation on the exercisability of such Option as Incentive Stock Options under the Federal tax laws shall be applied on the basis of the order in which such Options are granted. If, for any reason, an entire Option does not qualify as an Incentive Stock Option by reason of exceeding such maximum, such Option shall be considered a Nonstatutory Option.
(c) Nonstatutory Option: The provisions of the foregoing Section 3(b) shall not apply to any Option designated as a "Nonstatutory Option" or which sets forth the intention of the parties that the Option be a Nonstatutory Option.
(d) Stock Awards and Restricted Stock Purchase Offers: The provisions of this Section 3 shall not apply to any Stock Award or Restricted Stock Purchase Offer under the Plan.
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