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How It Works For example, let's assume that John Doe is the CEO of Company XYZ.When he was hired, the Company XYZ board of directors offered John an attractive salary as well as an annual grant of 1,000 Company XYZ stock options.Those options give John the right but not the obligation to purchase 1,000 shares of Company XYZ stock at the market price on the date of the grant.The board formally grants the stock options to John every year at its January board meeting.The problem with this practice, according to the SEC, was that stock option backdating, while difficult to prove, could be considered a criminal act.
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Why It Matters Granting stock options to employees is a generally accepted and perfectly legal form of compensating employees. Critics of backdating argue that the practice is difficult to detect and thus encourages boards and executives to use it to synthesize more creative compensation packages.
The general reason companies backdate options is to create a lower exercise price, which in turn increases the probability that exercising the options will make more money for the optionee.
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