Executive Compensation Alert: 2009 Update on Stock Options in India

Fenwick & West LLP
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2009 update on granting stock options in India This is an overview of some of the legal and strategic issues related to a U.S. parent company granting stock options to employees of its Indian subsidiary, including consideration of exchange controls, securities laws and tax burdens. Of particular significance is an August 2009 change in India’s tax laws that significantly eases the administrative and financial burdens on using stock options as compensation in India and is retroactive to April 1, 2009. This change in tax law means employees in India whose options are exercisable only while the issuer’s shares are publicly-traded can now exercise their stock options as freely as their American counterparts (subject to a comparable tax withholding obligation).

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