North Dakota Proposal to approve material terms of stock appreciation right plan

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Multi-State
Control #:
US-CC-18-395-NE
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Word; 
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This sample form, a detailed Proposal to Approve Material Terms of Stock Appreciation Right Plan document, is a model for use in corporate matters. The language is easily adapted to fit your specific circumstances. Available in several standard formats.
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FAQ

Stock Appreciation Rights Are Not Securities.

A Stock Appreciation Right (SAR) refers to the right to be paid compensation equivalent to an increase in the company's common stock price over a base or the value of appreciation of the equity shares currently being traded on the public market.

In accounting, the process that the company uses to record SAR agreements is to accrue a liability and recognize expense over the term of service. At the end of the service period, the liability is settled in cash or stock (or both).

SARs are taxed the same way as non-qualified stock options (NSOs). There are no tax consequences of any kind on either the grant date or when they are vested. However, participants must recognize ordinary income on the spread at the time of exercise.

A stock appreciation right (SAR) entitles an employee to the appreciation in value of a specified number of shares of employer stock over an ?exercise price? or ?grant price? over a specified period of time. The base price generally is equal to the underlying stock's fair market value on the date of grant.

There are no federal income tax consequences when you are granted stock appreciation rights. However, at exercise you must recognize compensation income on the fair market value of the amount received at vesting. An employer is generally obligated to withhold taxes.

For purposes of financial disclosure, you may value a stock appreciation right based on the difference between the current market value and the grant price. This formula is: (current market value ? grant price) x number of shares = value.

How do I value it? For purposes of financial disclosure, you may value a stock appreciation right based on the difference between the current market value and the grant price. This formula is: (current market value ? grant price) x number of shares = value.

Stock Appreciation Rights (SARs) SARs differ from ESOPs in that they do not grant direct ownership to employees, but rather give them the right to receive a cash payout equal to the value of the stock appreciation.

For example, let's say you were granted stock appreciation rights on 10 shares of your company ABC's stock, valued at $10 per share. Over time, the share price increases from $10 to $12. This means you'd receive $2 per share since that was the increased value.

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North Dakota Proposal to approve material terms of stock appreciation right plan