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Are The FAS 123R Storm Clouds Hovering Overhead?

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Are The FAS 123R Storm Clouds Hovering Overhead?The weather has been a bit steamy here in the Boston area.  Everyone is talking about the heat and humidity this month … the old “it’s so much worse than dry heat.”  Unfortunately, the weather is not that predictable here in New England and it’s not uncommon for the forecasters to make mistakes.

Let’s hope it’s not that way for your spreadsheets. 

Does sweat start to bead on your brow when you realize the auditors are coming in next month and you haven’t had time to check and re-check the formulas in your stock option spreadsheets?  Or when you try to figure out which is the most recent version of the spreadsheet?  Do you get a cold chill when you realize that because of all the new FAS 123R regulations, your auditors are going to be putting your valuation assumptions under greater scrutiny than last year?  Have you discussed in advance what they are going to want to see?

Because Financial Accounting Standard (FAS) 123R moved equity compensation expense from a pro forma footnote to a line item in the income statement, CFOs and controllers have felt a storm brewing.  I've referred to it in other articles as the “Perfect Storm” when thinking about SOX, FAS 123R, option backdating, and new executive compensation disclosures.

Since your goal is to make the annual audit as painless and brief as possible, have you thought about how you are going to put it altogether?  If it’s your first time, how would you begin to comply with FAS 123R and satisfy the auditors?  Well, there are a few general steps that you can take to create auditable stock option records, comply with FAS 123R, and ensure the perfect storm by-passes your next audit.

First, organize all your legal documents. Before anything else, start properly recording and documenting the legal actions of the Board, the company, and each employee as they relate to option grants, exercises, and cancellations.  Because your option records and equity compensation expense reports will later reflect these actions and the supporting documents, you want to avoid any inconsistencies that may show up in an audit.

Second, centralize your records.  Consider consolidating all transactions that relate to stock option administration, valuation and expensing, and legal compliance in a single, integrated system. This is particularly important as stock option data tends to come from a number of different areas within a company, typically in documents most commonly related to legal, finance, and human resources.  When each department retains and manages its own collection of information, it can lead to errors, inconsistencies, and missing documentation – in addition to duplicate effort and wasted time.

Third, automate the transactions.  Over the course of hundreds of transactions and many years, the risk of error increases. The best way to reduce potential errors is to let your computer do the work.  When you automate, you know you are tracking, calculating, and reporting similar transactions the same way, every time.  It saves time and it creates an audit trail showing who made the changes and when.  Based on this higher level of reliability, auditors are more comfortable with automated systems and typically can sample fewer records which will save audit time and expense.

Fourth, determine the variables.  Now that the new regulations require companies to include stock option-related compensation expense in the income statement, auditors are even more careful when reviewing how each variable used in the valuation model is determined – particularly fair market value, volatility, and expected life.  You must be able to document that you followed a reasonable process to determine each variable.  If the valuation and expensing variables are properly documented, based on a reasonable process, and supported by an integrated system, it will provide the auditors with greater confidence and raise fewer red flags.

Fifth, prepare your reports.  The final and perhaps ultimate goal of stock option administration is to produce a clear and concise set of reports that provide the necessary information for a company's quarterly and annual financial statements.  More specifically, your company will want to prepare a standard set of reports that it can use each quarter to generate the stock option-related expense items.  Using the same system for generating both the stock plan administration and valuation and expensing reports will help to avoid inconsistency and increase accuracy.  To ensure a smooth audit, prepare the list of reports in advance and organize them in a format that is easy to review.

If you would like a few more details or a visual chart that lays out these actions and describes the documents, click here to read a white paper I recently authored regarding setting up a Framework to Create Auditable Stock Option Records and Comply with FAS 123R.

Are You Doing Everything You Can To Protect Your Clients?

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Protect Your ClientsSusan L. Preston, Of Counsel, from the Strategic Planning and Development/ Corporate Finance Group of Davis Wright Tremaine LLP once said to me:

“…Our clients expect us to do everything we can to maintain and preserve their important records.  It is imperative that we take the necessary precautions …in order to protect them from events that would interfere with their doing business.  Anything less would be unacceptable….”

What if a client needed to immediately inform an investor how many stock options were granted at the end of last year?  Could you give them the answer in minutes or would you need to tell them you would have to get back to them because you needed to search through your Excel files or some of the original minute books?  What if, at the last minute, you couldn’t find the original minutes that granted 10,000 stock options to the CEO on Dec. 1st and you were concerned that the number in the spreadsheet was 1,000 and you think that’s wrong?

Protecting your client’s business is a big responsibility and it means you need to have all the information and documents that are currently contained in your minute books available in their entirety, in a single location, so that you no longer need to find the original documents to do your work.  That’s why a shelf, or even a room, housing all those three-ring binders will just not suffice anymore.  You need an online minute book system. Whether it’s for information management, information sharing, or business continuity, “… Anything less would be unacceptable ….”

If you’d like to learn more about electronic minute books, I’ll be teaching an online seminar on the basic implementation steps for online minute books for Estrin LegalEd's TeleSeminars on July 10, 2007.  Estrin Legal Ed is a training organization tailored to meet the needs of legal professionals.  You can sign up for their online seminars at Estrin’s website: www.estrinlegaled.com/virtual_seminars.

If your law firm or company doesn’t have online and immediate access to all your clients’ governing documents, ownership records, and minutes and consents … for all your clients or subsidiaries, then you’re not protecting your business.

How is the Future Shaping Up for Your Share Plans?

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Global Shares, Plc.How would you like your concerns about the future of stock option plans to be heard by influential leaders in the stock plan market?  I'd like to give you that chance.

This month I'll be participating in an important event discussing the future of share plans in a global economy.  The First Annual Global Shares Leadership Forum will be held in West Cork, Ireland from June 22-24, 2007 - to coincide with the Global Equity Organization (GEO) Conference being held in London that week.  The event has attracted a top notch group of stock option professionals from the U.S., Europe, and Asia.  The special guest speaker is Corey Rosen, Executive Director of the National Center for Employee Ownership

The host of the event, Global Shares, Plc., is bringing together a powerhouse group of 40 influential leaders within the stock plan market from around the world to discuss the global challenges of business and employment practices created by new public company oversight requirements, revised stock option expensing regulations, stock option backdating scandals, and executive compensation reform.

Senior executives will attend from well known organizations like Citigroup Inc., Fidelity Stock Plan Services, Deloitte, Intel Corporation, Merrill Lynch & Co., Inc., Morgan Stanley, Charles Schwab & Co., Inc., Baker and McKenzie, and KPMG International are expected to participate.  The sponsors of the Leadership Forum include: Buck Consultants, iComp LLC, IFG Group PLC, Sungard, and Orrick Herrington and Sutcliff LLP. 

As Global Shares CEO Carine Schneider said in a recent press release, "With the number of regulatory changes in the past few years, particularly in the US and the EU markets and the growth in Asia, the need to bring together a select group of industry leaders and create a unique forum for those who are expected to set the trends and standards in the near future became quite apparent."

I am continually working with non-public companies struggling to manage stock plan and corporate governance information in order to supply systems that will make their compliance easier and help their audits go smoothly.  As the President of Two Step Software, I invite you to share your concerns with me.  After all, the latest regulatory developments will affect share plans and corporate governance practices for organizations around the world - and that includes your organization.

What challenges do you face because of stock option administration concerns and new FAS 123R requirements? Click here to let me know and I'll bring your concerns to the Global Shares Leadership Forum or if you respond after that event, to another forum down the road.  Thanks in advance for your contribution. 

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