More Backdating Guidance Coming From The SEC? And A List

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By Douglas A. McIntyre Published
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From AAO Weblog

Broc Romanek, author of one of my favorite blogs, pointed out last week in TheCorporateCounsel.net Blog that at the fall meeting of the American Bar Association a couple weeks ago, several senior staffers mentioned that “some option backdating guidance will be forthcoming within a few weeks.”

I thought that it might come from Carol Stacey, chief accountant for the Division of Corporation Finance, at the AICPA SEC Conference I mentioned on Friday. And she did mention it, without giving a specific date for the release. The important part: while firms might not be expected to restate ALL prior years. For the years prior to a restatement, a schedule will be provided in the restated financials showing the year-by-year difference between the reported compensation and the correct amount of compensation, including tax effects and the effects on the opening balance of retained earnings, as far back as the restating goes.

That would actually be a case of “less is more.” If Home Depot was going to restate all the way back to 1981 (I know their amounts weren’t all that material; it’s the extent that’s interesting), I think analysts would rather not plow through 25 years of restated annual results to get the corrected numbers. The summary would do just fine.

While we wait for the guidance to appear, I invite you to download our list of firms that have mentioned investigations of option granting practices in their filings, or have been mentioned in the news. It’s a list (in Excel file form) we’ve compiled of the more than 200 firms.

Some interesting attributes: 45 of them are S&P 500 companies. In 2005, 46 of them engaged in acceleration of options in order to beat Statement 123R’s expense treatment requirements. There are 37 that have had executive departures. And the average market cap is $4.7 billion.

http://www.accountingobserver.com/blog/

Photo of Douglas A. McIntyre
About the Author Douglas A. McIntyre →

Douglas A. McIntyre is the co-founder, chief executive officer and editor in chief of 24/7 Wall St. and 24/7 Tempo. He has held these jobs since 2006.

McIntyre has written thousands of articles for 24/7 Wall St. He is an expert on corporate finance, the automotive industry, media companies and international finance. He has edited articles on national demographics, sports, personal income and travel.

His work has been quoted or mentioned in The New York Times, The Wall Street Journal, Los Angeles Times, The Washington Post, NBC News, Time, The New Yorker, HuffPost USA Today, Business Insider, Yahoo, AOL, MarketWatch, The Atlantic, Bloomberg, New York Post, Chicago Tribune, Forbes, The Guardian and many other major publications. McIntyre has been a guest on CNBC, the BBC and television and radio stations across the country.

A magna cum laude graduate of Harvard College, McIntyre also was president of The Harvard Advocate. Founded in 1866, the Advocate is the oldest college publication in the United States.

TheStreet.com, Comps.com and Edgar Online are some of the public companies for which McIntyre served on the board of directors. He was a Vicinity Corporation board member when the company was sold to Microsoft in 2002. He served on the audit committees of some of these companies.

McIntyre has been the CEO of FutureSource, a provider of trading terminals and news to commodities and futures traders. He was president of Switchboard, the online phone directory company. He served as chairman and CEO of On2 Technologies, the video compression company that provided video compression software for Adobe’s Flash. Google bought On2 in 2009.

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