Reminder: Information Statements Due by January 31, 2009 for 2008 Incentive Stock Options and Employee Stock Purchase Plan Transactions

Morrison & Foerster LLP
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This is a reminder to public and private companies that grant incentive stock options (“ISOs”) or maintain a tax advantaged employee stock purchase plan (“ESPP”). Under IRS regulations, these companies must provide information statements no later than January 31, 2009, to any employee or former employee who exercised an ISO during 2008 or transferred stock during 2008 that was previously acquired pursuant to an ESPP. Companies that fail to provide such statements on a timely basis may be liable for penalties of $50 per statement, up to a maximum of $100,000 per year.

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