What is wrong with backdating stock options gabriel macht dating
In this article, the author writes: “Backdating by itself is not generally, at least with respect to private agreements, illegal.Rather, it is the use of the backdated documents by the parties or their counsel that may violate the law.” The US approach seems to be founded on the principle that parties to an agreement (or deed) are free to agree that the document is to take effect prior to the date of execution – this is often denoted by dating the document “as of” the earlier date. Bradley Real Estate Trust, the US Court of Appeals (7th Cir.Now that Silicon Valley icon Steve Jobs has become one of the highest-profile personalities to become ensnared, perhaps it's really just much ado about nothing. A tempest in a teapot As we've recounted on these pages many times, a stock option gives the holder the right to buy a stock at a certain price -- called the "exercise" or "strike" price -- at some point in the future.The theory is that options are an incentive to have management work hard to ensure that the company's value increases, and that its share price grows, so that management and shareholders can profit together in the future.
Then why have more than 170 companies been investigated since 2007 by the U. Securities and Exchange Commission and other federal authorities for potential fraud in connection with stock option...Such relation back or forward contravenes no principle of law and is determined by the intent of the parties as deduced from the instrument itself.” As a practical matter, the proper date to put on an agreement is something that corporate counsel is likely to have to make a judgment call on quite often.This is because documents take time to draft, negotiate and execute.Law360 (April 29, 2010, PM EDT) -- The short answer is that there is nothing wrong with backdating stock options — if appropriate procedures are followed and the transactions are properly accounted for and disclosed.Backdating is a practice of locking in financial gains by retroactively pricing stock option grants on days when a company’s stock price is low, thereby increasing the value of the options.
Backdating, on the other hand, pretends that the strike price was actually set earlier than it was, or at some time when the share price was lower than on the day it was actually granted.