Option backdating example
In essence, the revision enabled companies to increase executive compensation without informing their shareholders if the compensation was in the form of stock options contracts that would only become valuable if the underlying stock price were to increase at a later time.In 1994, a new tax code (162 M) provision declared all executive income levels over one million dollars to be “unreasonable” in order to increase taxes on all applicable salaries by removing them from their previous tax-deductible status.
One of the larger backdating scandals occurred at Brocade Communications, a data storage company.
Fw-300 #ya-qn-sort h2 /* Breadcrumb */ #ya-question-breadcrumb #ya-question-breadcrumb i #ya-question-breadcrumb a #bc .ya-q-full-text, .ya-q-text #ya-question-detail h1 html[lang="zh-Hant-TW"] .ya-q-full-text, html[lang="zh-Hant-TW"] .ya-q-text, html[lang="zh-Hant-HK"] .ya-q-full-text, html[lang="zh-Hant-HK"] .ya-q-text html[lang="zh-Hant-TW"] #ya-question-detail h1, html[lang="zh-Hant-HK"] #ya-question-detail h1 /* Trending Now */ /* Center Rail */ #ya-center-rail .profile-banner-default .ya-ba-title #Stencil . Bgc-lgr .tupwrap .comment-text /* Right Rail */ #Stencil .
Fw-300 .qstn-title #ya-trending-questions-show-more, #ya-related-questions-show-more #ya-trending-questions-more, #ya-related-questions-more /* DMROS */ .
Options backdating may still occur under the new reporting regulations, but Sarbanes-Oxley compliant backdating is far less likely to be used for dishonest reasons due to the short time frame that is allowed for reporting.
As a result, numerous companies are conducting internal investigations to determine if, when, and how backdating occurred, and are filing amended earnings statements and tax forms to show the issuance of “in the money” options in place of the “at the money” options that were previously reported.