Administrative Procedures

This article explains the characteristics of restricted stock, restricted stock units, and restricted stock purchases. It also covers the design, administrative, tax, securities law, and financial considerations of these arrangements.

This article reviews the mechanics of stock-for-stock exercises, as well as the tax, accounting, and securities law considerations.

This article discusses administration of an employee stock purchase plan, starting with drafting the plan document. The plan implementation process is described, from presenting the plan to employees to surviving the purchase and its aftermath. The discussion is in general terms and is meant to provide guidance only. Each company should feel free to tailor the advice and guidance offered here to its own situation and plan.

The comment letter submitted by the NASPP on the SEC's concept release proposing changes to Rule 701 and Form S-8.

The alert describes the SEC’s recent amendment to increase the disclosure threshold in Rule 701 to $10 million (up from $5 million) and the SEC’s concept release of proposed changes to Rule 701 and Form S-8.

This alert describes the SEC’s amendment to Rule 701 to increase from $5 million to $10 million the annual threshold at which private companies must provide additional disclosure for securities offered and sold pursuant to compensatory arrangements and the SEC’s solicitation of comments on further ways to modernize Rule 701 and Form S-8.

This article explains the impact of a company stock split on equity awards, including how to properly effect a split on stock plans.

The SEC issued additional guidance in late 2017 to assist companies in complying with the heightened disclosure requirements under Rule 701. This article discusses this new guidance and provides a brief overview of the key requirements of Rule 701.

This article will help you with the advance preparation for managing a change-in-control process, including identifying the various plans and agreements that may come into play during a transaction and cataloguing the relevant CIC provisions; assessing competitiveness and potential issues  with current arrangements, including 280G considerations; and addressing any shortfalls in current plans or agreements and creating a playbook for successful transition of incentive plans.

Would you sell yourself out, or throw away your career, for $100,000? Law professor Peter Henning frames insider trading within that question, while law firm King and Spalding provides best practices for insider trading compliance policies and administration.

Solving the conundrum of in-the-money stock options that expire unexercised.

Is both employee and spousal consent necessary for equity awards?

This is a simple spreadsheet that provides an example of how to calculate how many years before shares will need to be allocated to a stock plan.

A checklist of income that should be reported on Form W-2 for various stock plan transactions.

A sample memo to describe to employees the payments they'll receive in a change in control.

Practical Tips to Help You Prepare for the Annual Audit

Understanding and implementing this upcoming change.

Key trends in performance award design

Highlights of the 2017 Domestic Stock Plan Administration Survey, cosponsored by the NASPP and Deloitte Consulting LLP.

This is an informal survey of how our members administratively handle the death of stock plan participants.

This NASPP quick survey covers administrative policies for ESPPs, timing of purchases, employee mobile access to ESPP accounts, and extension of ESPPs to non-US employees.

Release No. 33-10521. SEC concept release on proposed modernization of Rule 701 and Form S-8.