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Frequently Asked Questions
  Can a company establish and issue shares from an equity compensation plan or arrangement before seeking shareholder approval?
Identification Number 212
A company may adopt an equity plan or arrangement, and grant options (but not shares of stock) thereunder, prior to obtaining shareholder approval provided that: (i) no options can be exercised prior to obtaining shareholder approval, and (ii) the plan can be unwound, and the outstanding options cancelled, if shareholder approval is not obtained. Companies should be aware of any accounting issues that may arise under these circumstances.
Publication Date*: 7/31/2012 Mailto Link Identification Number: 212
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