How doĀ the specified employee rules under Code Section 409A apply when two public companies merge and both partnersĀ use the default rules to identify specified employees based on officer status within the respective company? The Case Study The merger closed after December 31, 2016 and before April 1, 2017.Ā Per the regulations, the acquiring entity’s next specified employee identification date and specified employee effective date govern, which is not an issue since both companies use the…
Less than 18 months after the latest amendment to the regime for tax-qualified RSUs in France, another amendment became effective on December 30, 2016.Ā This amendment is the third amendment to the regime in five years, meaning that companies may (in theory) have to administer tax-qualified RSUs that are subject to three different income tax and social tax regimes.Ā The three different qualified RSU regimes are as follows: French-qualified RSUs granted after September 28, 2012…
The Supreme Court of the Netherlands’ interpretation of aĀ “temporary employment contract” in its recent decisions C4C/StiPP, Sector classification and Leerorkest/Tentoo has a significant impact on Dutch employers’ ability to “second” employees from one affiliate to another. TheĀ Decision’s Impact on Secondments As a result of the Court’s broad interpretation, in principle, all secondments may be seen as temporary employment contracts, and the seconding Dutch employer may be seen as being engaged in the temporary employment agency…
The establishment of prudent processes is a fundamental element of appropriately discharging fiduciary duties under ERISA.Ā Where a committee acts as the primary plan fiduciary, a written committee charter will typically form the basis for all committee operations.Ā The committee charter effectively provides the āby-lawsā and operating guidelines that will govern how the committee discharges its obligations. The Charterās Role Charters will typically address how committee members will be appointed and replaced, term limits, quorum,…