Option backdating and its implications

07 Mar

It is an often-overlooked truth, but the ability for investors to accurately see what is going on at a company and to be able to compare companies based on the same metrics is one of the most vital parts of investing. After many years of squabbling, the Financial Accounting Standards Board, or FASB, issued FAS Statement 123 (R), which calls for the mandatory expensing of stock options beginning in the first company fiscal quarter after June 15, 2005.TUTORIAL: Stock Picking Strategies The debate about how to account for corporate stock options given to employees and executives has been argued in the media, company boardrooms and even in the U. (To learn more, see .) Investors need to learn how to identify which companies will be most affected - not only in the form of short-term earnings revisions, or GAAP versus pro forma earnings - but also by long-term changes to compensation methods and the effects the resolution will have on many firms' long-term strategies for attracting talent and motivating employees.The manufacturer and customer needn't bother negotiating the wording for those responsibilities. A requirement like this can be handy if the Receiving Party will be dealing with information whose distribution is restricted by law, for example personal health information or export-controlled information. The obligations of sec­tion 6.1.3 apply only during the Confidentiality-Obligation Period; during that time, though, those obligations will continue to apply to all Specimens of Confidential Information, even after any termination or expiration of the Agreement. of Confidential Information is any copy of, and any physical object embodying, Confidential Information — for example, any paper- or electronic copy and any specimen of hardware — where the copy or physical object is in the possession, custody, or control of: (i) the Receiving Party, and/or (ii) any individual or organization to which the Receiving Party made Confidential Information accessible.Instead, they likely will "order from the menu" of the INCOTERMS 2010 publication: By specifying a standardized three-letter abbreviation — DDP, EXW, or whatever — the parties can quickly signal which of that publication's pre-defined terms and conditions they wish to use. This provision uses a prudent-measures standard instead of an absolute obligation. Disclosing parties will normally be reluctant to agree to a fixed confidentiality period. (b) IF: The Disclosing Party makes a seasonable written request following any termination or expiration of the Agreement; THEN: except as provided in sections 6.1.3.8 and (if applicable) 6.2.22, the Receiving Party will promptly: (1) return Specimens of Confidential Information to (i) the Disclosing Party, or (ii) another individual or organization designated in writing by the Disclosing Party; and (2) subject to sec­tion 6.1.3.9 (if applicable), destroy any Specimens not returned.In the same vein, to save time, contract drafters (and reviewers) can consider incorporating selected Common Draft sections, or even entire contract drafts, by reference and specifying any desired variations or modifications — this could be thought of as "drafting by exception" or even as like INCOTERMS on steroids.* * For clarity: The Common Draft project is not sponsored, endorsed by, or otherwise associated with the International Chamber of Commerce, which produces the INCOTERMS® 2010 rules. That's because doing so can result in destruction of the disclosing party's trade-secret rights in its confidential information after the end of the confidentiality period. An obligation to return or destroy Confidential Information might not be practical if (for example) Confidential Information is embodied in a deliverable (for example, custom-developed computer software, or a physical object) that the receiving party will have the right to keep on using; this might be the case in a services agreement.

But while it might make good commercial sense for like-minded shipping interests to pool their resources to mutual advantage, “traps may lie in wait for the unwary”, warns Mr Simms.Among them are Carisbrooke Shipping and Swiss Nova Marine Carriers as well as Gearbulk and Grieg Star.While Norwegian shipping company Torvald Klaveness is attempting to change the reputation of pools and, at the same time, secure vessels for the two pools already operated in the spot market by the carrier.Viable option “Shipping pools can take a variety of forms, from incorporated entities or partnerships to joint ventures and other forms of agreement,” says Mr Simms.“It is important to choose the right one.” He explains: “The jurisdiction in which the pool is established is of primary importance, since it will have fundamental tax and reporting implications.