Drafting Equity Compensation Plans

In the last few months, we have been asked to take a look at some draft equity compensation plans in closely held companies. Each was drawn up by an attorney with limited experience doing this. Each had major technical issues that could cause problems down the line.

Repurchase Obligation and Accounting: No Change in Offing

Speaking at a recent NCEO Webinar, Rebecca Miller of McGladrey & Pullen said that the Financial Accounting Standards Board has shelved its project on whether the ESOP repurchase obligation should show up as a liability on the balance sheet.

New Data on ESOP Repurchase Obligations

A new NCEO survey of over 420 ESOP companies on how they handle their repurchase obligations found that the most commonly used method of funding current-year ESOP distributions is cash from company operations.

Indian Companies Cutting Back on Broad-Based Equity

Options and other kinds of equity plans have been very common in the Indian technology sector. A number of other companies offer the plans as well, but not as commonly. Over the years, the number of companies granting equity awards broadly has moved up and down fairly dramatically.

Eighth Circuit Adopts "Net Seller" Rule in Stock-Drop Case

In Brown v. Medtronic Inc., No. 09-2524 (8th Cir., Dec. 13, 2010), a circuit court ruled that an employee who sold stock at a profit lacked standing to sue even if alleged fiduciary violations in the offering of company stock in a 401(k) plan were true.