Backdating executive

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In the mid-2000s, an investigation by the Securities and Exchange Commission resulted in the resignations of more than 50 senior executives and CEOs at firms across the industry spectrum from restaurants and recruiters to home builders and healthcare.

High-profile companies including Apple Computers, United Health Group, Broadcom, Staples, Cheesecake Factory, KB Homes, Monster.com, Brocade Communications Systems, Inc., Vitesse Semiconductor Corp.

Backdating does not violate shareholder-approved option plans.

This process is not backdating, it is what the law says must happen when you apply.

This rule also applies to men over pension credit age but less than aged 65 who are NOT in receipt of Income Support, Job Seeker’s Allowance (Income based) or Employment and Support Allowance (Income Related).

This paper contrasts the post-tax returns of backdated at-the-money options to currently-dated in-the-money options (with the same strike price as the backdated options) and demonstrates that a Canadian executive can earn a significantly larger after-tax return from backdated options compared to a US executive.

We tie this to the favorable Canadian tax treatment of executive options relative to their treatment in the United States.

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