Backdating employee stock options accounting and legal implications


18-Mar-2020 00:26

To learn more or modify/prevent the use of cookies, see our Cookie Policy and Privacy Policy.Stock options have become an increasingly popular way to compensate executives and employees, with Standard and Poor's (S&P) 500 companies awarding more than 6 billion in stock options over the past decade (Business Week, September 11, 2006).However, where a contract is ambiguous with respect to its effective date, the absence of an explanation for a retroactive effective date, and evidence that the parties had not agreed to the material terms of their contract as of the purported retroactive effective date, are relevant considerations in resolving the ambiguity.

The appellate court then considered whether, assuming that the FDIC/Weatherford transaction was retroactively effective (which it wasn’t), the retroactivity of that transaction had any legal effect on the transaction between the FDIC and FH Partners.In light of that fact, there is no evidence that the FDIC was authorized to unilaterally cure title defects months after closing.” Effectively backdating written agreements so that they’ll be enforceable retroactively can be surprisingly complicated.



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