January 27, 2014
Corp Fin Issues “Unbundling” Interp for Equity Plans
– Broc Romanek, CompensationStandards.com
Since last year’s Apple court decision on unbundling, litigation spilled over into the employee plan context including the Groupon class action described in this Cooley news brief. In addition, Corp Fin has focused more on this tricky topic through the comment process. On Friday, Corp Fin issued these three CDIs to clarify its unbundling positions under Rule 14a-4(a)(3) including this one in the plan context:
– Question 101.03: omnibus plan amendment increasing shares reserved for issuance, increasing max amount payable to a single employee, adding restricted stock to types of award eligible to be granted and extending plan’s term
Seeing this CDI was great – and coincidental – timing as a question along these lines had just been posted in the Q&A Forum!