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You work hard to create compensation programs that incentivize employees, to motivate behavior intended to improve the company's bottom line and to align with compensation at peer businesses. Dentons' lawyers have years of experience strategizing with you to get the best results from your executive compensation and directors' compensation programs under tax and securities laws and disclosure requirements. We help you to put your ideas into viable compensation programs.
Our lawyers can help you design:
With the experience needed to navigate through the web of tax, securities disclosure and compliance, lawyers from Dentons seek practical solutions for your business.
Whether your company is large or small, public or private, family-owned, venture- or private equity-backed, a corporation or partnership, Dentons' lawyers collaborate with you and your compensation consultants on your timetable, as you respond to all your constituencies—individual executives; the HR, legal and finance departments, the board, the owners. We walk with you through the change-in-control experience; call on global expertise for equity awards and incentives for executives at home or abroad; fill you in on best practices and changes in norms; make board of director presentations or prepare proxy disclosures. Our lawyers are often called upon to serve as expert witnesses in executive compensation disputes.
We don't offer administration, actuarial or other pension consultancy services.
The Internal Revenue Service recently issued guidance on the timing of the deduction for annual bonuses for top executives of public companies, and, separately, issued regulations clarifying limitations on postponing income tax on compensation under tax code Section 83. These, together with litigation involving employment tax withholding have given rise to a renewed examination of employers' tax processes and plan language.
In this article, Dentons Pension, Benefits and Executive Compensation partner Pamela Baker addresses these developments affecting US executive compensation.
The US Securities and Exchange Commission (SEC) has adopted a final rule, by a 3-2 vote, to implement the requirement of Section 953(b) of the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 (Dodd-Frank) that public companies disclose the ratio of the median of the annual total compensation of all employees to the total compensation of the company's CEO (or principal executive officer).
The US Securities and Exchange Commission has proposed rules that would require issuers listed on US stock exchanges to adopt and disclose a policy to recover, or “claw back”, certain incentive-based compensation. Recovery would be required in the event of an accounting restatement to correct a material error. The SEC is soliciting comments on the proposed rules, and requests that comments be submitted on or before September 14, 2015.
As public companies navigate the 2015 proxy season, a potential change to executive compensation disclosure is on the horizon. The US Securities and Exchange Commission (SEC) has proposed new rules to implement the "pay-versus-performance" disclosure requirement under Section 953(a) of the Dodd-Frank Wall Street Reform and Consumer Protection Act. The new rules would mandate and standardize companies' "realizable" and "realized" pay disclosures and compare them to total shareholder return (TSR).
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