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Tricky Compliance Issues for Companies When an Executive Terminates Employment: Public Company Compensation Considerations
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Recent Contributors to The National Law Review
If the employer is a publicly traded company, additional considerations relating to governance, disclosure, accounting, and tax often arise in connection with compensation actions and decisions.
This month, we are discussing some of the unique compensation-related considerations that arise in public-company executive separations.
For example, if a company enters into a separation agreement in connection with a named executive officer’s separation, or amends an existing employment agreement, a Form 8-K may need to be filed within four business days.
If the separating officer qualifies as a “named executive officer” whose compensation must be disclosed in the company’s next proxy statement, any compensation actions taken in connection with the officer’s separation may need to be discussed in the Compensation Discussion and Analysis section of the proxy statement.
SummaryIn summary, public company officer separations involve some unique governance, disclosure, accounting and tax considerations.
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