IRS Issues New Final Regulations for Employee Stock Purchase Plans ("ESPP")
The Internal Revenue Service (the “IRS”) issued final regulations on November 17, 2009 relating to options granted under an ESPP as defined in section 423 of the Internal Revenue Code (the “Code”). Also, on the same date, the IRS issued new reporting requirements for ESPPs (see our November 19, 2009 blog). Under an ESPP, an employee can purchase shares at a discount from fair market value and also receive favorable tax treatment upon the sale of such shares if certain requirements are satisfied.
First SEC enforcement action under Regulation G for Misleading Non-GAAP Financial Measures
On November 12, 2009, the SEC announced that it had settled charges against SafeNet, Inc. and some of its former officers, employees and accountants, in connection with earnings management and options backdating schemes. This case represents the SEC's first enforcement action brought under Regulation G, and it provides important reminders to issuers on financial reporting practices.
Continue Reading Questions & commentsIRS Issues Final Regulations Regarding Annual ISO/ESPP Reporting Requirements
The Internal Revenue Service (the "IRS") has issued final regulations regarding the information return and information statement requirements under Section 6039 of the Internal Revenue Code. Section 6039 was amended in 2006 to require corporations to file an information return with the IRS (the "Return") and furnish a written information statement (the "Statement") to each employee who exercises incentive stock options ("ISOs") or sells or otherwise transfers shares acquired under an employee stock purchase plan ("ESPP") by January 31 following the year in which such transactions occur. As we reported in our July 23, 2008 blog article, the IRS issued proposed regulations relating to these requirements in July 2008, which, among other things, relieved corporations of the requirement to file a Return for stock transfers that occurred during the 2007 and 2008 calendar years.
Third Thursday Emerging Company Webinar: Protection of Intellectual Property
Third Thursday Emerging Company Webinars
November 19, 2009
LiveMeeting
Thursday, November 19, 2009
12:00 p.m. - 1:00 p.m.
Intellectual property can be a start-up company’s most important and valuable asset. This webinar will discuss various types of intellectual property and how to protect it, strategies for securing and building a start-up company’s IP foundation, how IP can affect your efforts to secure financing, and what do in the case of infringement of your own or other’s IP.
Presented by Jennifer Trusso, Partner, Sheppard Mullin
This activity complies with standards for Minimum Continuing Legal Education prescribed by the California State Bar and is approved for 1.0 hour of MCLE credit. Sheppard, Mullin, Richter & Hampton LLP is a State Bar of California approved MCLE provider.
The LiveMeeting link and dial in will be e-mailed to you once you register. MCLE certificates will be distributed following the webinar.