Restricted stock backdating
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We recommend that you contact your outside legal counsel promptly to discuss the issues outlined here and to formulate a plan of action for your company.Here are the most immediate issues that you should discuss with counsel: Preliminary Review of Stock Option Practices.Your investor relations department may be receiving calls from investors asking if you have a backdating problem.
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Particularly where a companys stock price is volatile, the date of the grant may have a material effect on its value to the recipient.
Backdating refers to the intentional setting of a grant date that precedes the actual date of the corporate action that effected the grant, in order to achieve a lower option exercise price and hence a higher value to the recipient.
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