Compensation Strategies Group, Ltd.
Nicholas Pension Consultants
Atlantic Pension Services Inc
Nova 401(k) Associates
The Retirement Plan Company (TRPC)/an ABG firm
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|Code Section 162(m) Compliance Alert|
Ford & Harrison LLP
Jan. 25, 2015
"[P]ublicly traded corporations should carefully review their compensation plan/arrangements to ensure that:  The proxy statement disclosures do not include a promise (or imply a promise) that the compensation will qualify as performance-based compensation under Section 162(m);  The performance goals are based on a business criteria;  The performance goal is based on an objective formula so that a third party could calculate the award with knowledge of the relevant performance result;  The performance goal is established before or soon after the performance period starts; and  There is no discretion to increase the amount of compensation payable."
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