ContractsProf Blog

Editor: Myanna Dellinger
University of South Dakota School of Law

Wednesday, December 1, 2010

Drafting executive compensation contracts

1908RandallCountyCourthouseCanyonTexas907TJnsn There aren't many areas these days where contracts have to be more carefully crafted than that of executive compensation.  So you may be interested in a webinar that BNA is putting on next week.  Here's the info:

Living on the Edge: Avoiding 409A and 162(m) Pitfalls in a Shifting Environment
Thursday, December 09, 2010
1:00 PM - 2:30 PM ET

Agenda: This BNA webinar will explain how to approach the design and administration of your executive compensation programs (including employment and severance agreements) and avoid the ever-tightening net of tax penalties under Section 409A and 162(m). It will cover common "traps for the unwary" and foot faults that may result in unintentional violations of Sections 409A and 162(m) and provide practical suggestions to guide decision making in these areas to optimize compliance. It will focus on areas where compliance has proven particularly difficult and flag common situations that present the highest risk of IRS challenge. Attendees will acquire practical information on how to avoid common 409A and 162(m) violations, how to spot the violations when they have occurred, how to correct violations when possible, and how to assess penalties when the violation cannot be corrected. Since attendees are often not the only ones in their organizations responsible for the oversight of matters that can lead to 409A and 162(m) violations, attendees will leave with suggestions and tools to aid them in maximizing success by coordinating with others throughout their organizations.

Program Highlights:

  • Traps for the unwary -- the 10 most common situations that risk 409A or 162(m) violations, and how to recognize and deal with them
  • Common foot faults - how drafting or operational mistakes that seem minor can result in serious tax penalties
  • Implementing compliance procedures, including coordination within the organization
  • Presentation of practical tips for spotting compliance issues requiring legal review
  • What to do if a violation is discovered - panic, corrections, penalties, gross-ups


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