Equity-based compensation is an important part of an effective compensation program for companies in order to attract and motivate executives and other key employees. Wang Kobayashi Austin, LLC assists both publicly-traded and privately-held companies with designing, drafting, implementing, communicating, and administering all types of equity-based compensation plans, including stock option plans, restricted stock plans, stock appreciation rights plans, phantom stock plans, non-employee director plans, employee stock purchase plans, and long-term incentive plans.

Our attorneys have experience with the tax and securities law rules that apply to these various forms of equity-based compensation. For example, our attorneys assist clients with the following matters:

• Preparing and analyzing plan and award documents for compliance with Section 409A of the Internal Revenue Code.
• Advising on golden parachute issues under Code Section 280G.
• Drafting plans to include appropriate exit strategies for both the company and employees.
• Drafting appropriate Board and/or Compensation Committee resolutions related to equity-based compensation.
• Determining how to achieve the desired treatment of equity-based compensation in a corporate transaction in accordance with the governing plan documents.
• Preparing prospectuses for the equity compensation plans of public companies.
• Analyzing NYSE, NASDAQ and SEC requirements.
• Complying with SEC proxy disclosure rules.