Guest gaham Posted March 30, 2007 Share Posted March 30, 2007 I have a client who wants a deferred comp payment date to be based on certain "liquidation of the company" events. Assuming this date can be objectively determined, should I be concerned about whether this satisfies the requirement that the payment is made as of a "specified time or pursuant to a fixed schedule"? Link to comment Share on other sites More sharing options...
Steelerfan Posted April 1, 2007 Share Posted April 1, 2007 What's the purpose? If a liquidation is a change in control, then payment should be tied to CIC definition compliant with 409A. Otherwise it looks like you're trying to get around the rules prohibiting funding on insolvency. Link to comment Share on other sites More sharing options...
Recommended Posts
Create an account or sign in to comment
You need to be a member in order to leave a comment
Create an account
Sign up for a new account in our community. It's easy!
Register a new accountSign in
Already have an account? Sign in here.
Sign In Now