16.   Stock-Based Compensation and Employee Benefits

Stock-Based Compensation

On October 27, 2016, the Company adopted the 2016 Equity Compensation Plan (the “Plan”), the purpose of which is to align the interests of the Company’s officers, other employees, advisors and consultants or any subsidiary, if any, with those of the Company’s shareholders and to afford an incentive to such officers, employees, consultants and advisors to continue as such, to increase their efforts on the Company’s behalf and to promote the success of the Company’s business. The Plan is administered by the Compensation Committee. The maximum number of common shares reserved for the grant of awards under the Plan is 1,500,000, subject to adjustment as provided in Section 5 of the Plan. The number of securities remaining available for future issuance under the Plan as of September 30, 2023 was 988,785.

During the nine months ended September 30, 2023 and 2022, the Company granted an aggregate of 201,390 and 153,967 restricted common shares under the Plan, respectively, with a fair value of $771,621 and $357,167, respectively.

With respect to the restricted common shares granted during the nine months ended September 30, 2023, (i) an aggregate of 22,000 shares vested immediately on the date of grant, an additional aggregate of 22,000 shares will vest on each of the first and

second anniversaries of the date of grant, and 4,500 shares will vest on the third anniversary of the date of grant, and (ii) 43,630 shares will vest on January 1, 2024, 2025 and 2026, respectively.

Stock-based compensation for the three months ended September 30, 2023 and 2022 was $220,971 and $127,000, respectively. Stock-based compensation for the nine months ended September 30, 2023 and 2022 was $616,496 and $357,167, respectively. As of September 30, 2023, unrecorded stock-based compensation expense was $904,724.

Employee Benefits

On April 16, 2018, the Company’s Board of Directors approved the adoption of the Sachem Capital Corp. 401(k) Profit Sharing Plan (the “401(k) Plan”). All employees, who meet the participation criteria, are eligible to participate in the 401(k) Plan. Under the terms of the 401(k) Plan, the Company is obligated to contribute 3% of a participant’s compensation to the 401(k) Plan on behalf of an employee-participant. For the three months ended September 30, 2023 and 2022, the 401(k) Plan expense was $48,346 and $21,924, respectively. For the nine months ended September 30, 2023 and 2022, the 401(k) Plan expense was $123,735 and $71,925, respectively.