EQUITY BASED INCENTIVE COMPENSATION PLAN

• US 20110173138A1
• Filed: 03/22/2011
• Published: 07/14/2011
• Est. Priority Date: 04/01/2003
• Status: Abandoned Application

• Current Assignee: Raymond B. Ryan
• Original Assignee: Raymond B. Ryan
• Inventors: Ryan, Raymond B.
• Application Number:
  US13/069,245
• Publication Number:
  US 20110173138A1
• Time in Patent Office: Days
• US Class Current: 705/36.T
• CPC Class Codes: G06Q 40/00 Finance; Insurance; Tax strategies; Processing of corporate or income taxes
• CPC Class Codes: G06Q 40/02 Banking, e.g. interest calculation or account maintenance credit or loans G06Q40/03
• CPC Class Codes: G06Q 40/06 Asset management; Financial planning or analysis
• CPC Class Codes: G06Q 40/10 Tax strategies

Abstract

An equity based incentive compensation plan is established by acquiring shares of an equity security by grant and by purchase using funds loaned by a third party. The risk of the loan may be abated using various strategies including employing a forward contract between the lender and a third party. The amount of the loan repayment amount may reflect the cost to the lender or entering into the forward contract with the third party. The computer system of the invention manages plans including calculating the ratio of a plan'"'"'s loan repayment amount(s) to the value of the plan'"'"'s shares that are collateral of the loan.

Claims

1. A method, implemented by one or more computers, for establishing an equity based incentive compensation plan, comprising:

receiving, at the one or more computers, a value of an equity security of a company sponsoring an equity based incentive compensation plan for one or more employees of the company, wherein the equity based incentive compensation plan comprises one or more employees (1) receiving an award grant of one or more shares of the security, or interests therein; and

(2) purchasing one or more shares of the security with funds borrowed from a third party lender;

receiving, at the one or more computers, a loan repayment amount, a loan duration, and a loan amount that the third party lender offers for one or more loans made to an employee, or for the benefit of an employee, to purchase the one or more shares of the security, wherein the loan collateral includes in whole or in part, one or more awarded and purchased shares of the security in the equity based incentive compensation plan, and wherein the loan repayment amount less the loan amount comprises interest which reflects the time value of money as well as one or more risk abatement strategies the third party lender may employ based on the lender'"'"'s assessment of the risk relative to the collateral and the duration of the loan; and

establishing, at the one or more computers, the equity based incentive compensation plan by the receipt of the one or more awarded shares and the purchase of the one or more shares using the loan amount to be held directly by or on behalf of the one or more employees.

2. The method of claim 1, further comprising:

calculating the ratio of at least a portion of the loan repayment amount divided by the value of the collateralized shares.

3. The method of claim 2 wherein the at least a portion of the loan repayment amount includes the principal of the loan repayment amount and the accrued interest at the time the ratio is calculated.

4. The method of claim 2, further comprising:

preparing one or more reports indicating the ratio.

5. The method of claim 4, further comprising:

sending the one or more reports to one or more of the third party lender, the employer, the employee, an administer of the equity based incentive compensation plan, a brokerage firm with a segregated brokerage account or an employee grantor trust that holds the shares and the obligation to repay the loan repayment amount of the equity based incentive compensation plan.

6. The method of claim 1, wherein the loan duration is fixed.

7. The method of claim 1, wherein the loan repayment amount is due on or before termination of the equity based incentive compensation plan.

8. The method of claim 7, wherein the one or more loans comprise multiple loans including at least two loans that have different loan durations.

9. The method of claim 1, wherein the one or more risk abatement strategies include a forward contract comprising:

a contract between the lender and a counter-party that pays the lender for at least some of the shares of the plan that are delivered to the lender in satisfaction of the loan repayment amount.

10. The method of claim 9 wherein the forward contract between the lender and the counter-party includes one or more collars, puts, or calls.

11. A system comprising one or more computers having one or more processors which execute computer executable instructions to implement the method of claim 1.

12. A method, implemented by one or more computers, for establishing an equity based incentive compensation plan, comprising:

receiving, at the one or more computers, a value of an equity security of a company sponsoring an equity based incentive compensation plan for one or more employees of the company, wherein the equity based incentive compensation plan comprises one or more employees (1) receiving an award grant of one or more shares of the security, or interests therein; and

(2) purchasing one or more shares of the security with funds borrowed from a third party lender;

receiving, at the one or more computers, a loan repayment amount, a loan duration, and a loan amount that the third party lender offers for one or more loans made to an employee, or for the benefit of an employee, to purchase the one or more shares of the security, wherein the loan collateral includes at least some of the one or more awarded and purchased shares of the security in the equity based incentive compensation plan;

establishing, at the one or more computers, the equity based incentive compensation plan by the receipt of the one or more awarded shares and the purchase of the one or more shares using the loan amount to be held directly by or on behalf of the one or more employees;

calculating the ratio of at least a portion of the loan repayment amount divided by the value of the collateralized shares; and

notifying one or more of the third party lender, the employer, or the employee of the ratio.

13. The method of claim 12, further comprising:

determining that the ratio is less than or equal to 50%;

receiving an additional loan repayment obligation, an additional loan duration, and an additional loan amount that the third party lender offers for one or more additional loans made to an employee, or for the benefit of an employee, to purchase one or more additional shares of the security, wherein the sum of the loan amount of the one or more loans and the one or more additional loans divided by the sum of the collateralized shares and the one or more additional shares to be purchased with the one or more additional loans is less than or equal to 50%.

14. The method of claim 12 wherein the plan includes a defined ratio that is not 50%, the method further comprising:

determining that the ratio is less than or equal to the defined ratio;

receiving an additional loan repayment amount, an additional loan duration, and an additional loan amount that the third party lender offers for one or more additional loans made to an employee, or for the benefit of an employee, to purchase one or more additional shares of the security, wherein the sum of the loan amount of the one or more loans and the one or more additional loans divided by the sum of the collateralized shares and the one or more additional shares to be purchased with the one or more additional loans is less than or equal to defined ratio.

15. The method of claim 12, further comprising:

notifying one or more of an administer of the equity based incentive compensation plan, a brokerage firm with a segregated brokerage account, or a fiduciary of an employee grantor trust that hold the shares and the obligation to repay the loan repayment amount of the equity based incentive compensation plan of the ratio.

16. A system comprising one or more computers having one or more processors which execute computer executable instructions to implement the method of claim 12.

17. A method, implemented by one or more computers, for modeling a hypothetical equity based incentive compensation plan, comprising:

receiving, at the one or more computers, input comprising;

a value of a share of at least one equity security of a company;

a number of shares of the at least one equity security to be received from an employer award;

an array of hypothetical share values at one or more future points in time;

an amount of funds available to purchase shares of the at least one equity security, wherein a portion of the funds include loan funds from one or more loans;

a loan duration for each of the one or more loans; and

loan repayment amount terms for each of the one or more loans;

generating a model of the hypothetical equity based incentive compensation plan using the input, including;

calculating the number of shares of the at least one equity security that can be acquired using the amount of funds;

calculating the loan repayment amount for each of the one or more loans; and

calculating the value of the hypothetical equity based incentive compensation plan at the one or more future points in times, wherein the value comprises the hypothetical share value of the acquired shares less the sum of the loan repayment amount for each of the one or more loans at the one or more future points in time; and

displaying the model of the hypothetical equity based incentive compensation plan to an end user including displaying for the one or more points in time;

(1) the number of shares that can be acquired using the amount of the funds and the number of shares acquired from the employer award; and

(2) the value of the hypothetical equity based incentive compensation plan.

18. The method of claim 17, further comprising:

receiving, at the one or more computers, a participant'"'"'s hypothetical ordinary and capital gains income tax rates; and

generating the participant'"'"'s after-tax cash flows from the hypothetical equity based incentive compensation plan at the one or more future points in time.

19. The method of claim 18, further comprising:

calculating the value of a hypothetical nonqualified stock option plan at the one or more future points in time, wherein the value comprises the fair market value of the number of shares of the at least one equity security to be received from the employer award; and

generating the participant'"'"'s after-tax cash flows from the hypothetical nonqualified stock option plan at the one or more future points in time.

20. The method of claim 19, further comprising:

displaying a comparison of the hypothetical equity based incentive compensation plan to the hypothetical nonqualified stock option plan at the one or more future points in time including displaying a comparison of one or more of the values or the participant'"'"'s after-tax cash flows at the one or more future points in time under the two plans.

21. The method of claim 17, further comprising:

receiving, at the one or more computers, the employer'"'"'s hypothetical income tax rates; and

generating the employer'"'"'s after-tax cash flows and GAAP expenses at the one or more future points in time.

22. The method of claim 21, further comprising:

generating the employer'"'"'s after-tax cash flows and GAAP expenses at the one or more future points in time under a hypothetical nonqualified stock option plan.

23. The method of claim 22, further comprising:

displaying a comparison of the hypothetical equity based incentive compensation plan to the hypothetical nonqualified stock option plan at the one or more future points in time including displaying a comparison of the employer'"'"'s after-tax cash flows and GAAP expenses under the two plans.

24. The method of claim 18, further comprising:

calculating the value of a hypothetical restricted stock award plan at the one or more future points in time, wherein the value comprises the fair market value of the number of shares of the at least one equity security to be received from the employer award; and

generating the participant'"'"'s after-tax cash flows from the hypothetical restricted stock award plan at the one or more future points in time.

25. The method of claim 24, further comprising:

displaying a comparison of the hypothetical equity based incentive compensation plan to the hypothetical restricted stock award plan at the one or more future points in time including displaying a comparison of one or more of the values or the participant'"'"'s after-tax cash flows at the one or more future points in time under the two plans.

26. The method of claim 21, further comprising:

generating the employer'"'"'s after-tax cash flows and GAAP expenses at the one or more future points in time under a hypothetical restricted stock award plan.

27. The method of claim 22, further comprising:

displaying a comparison of the hypothetical equity based incentive compensation plan to the hypothetical restricted stock award plan at the one or more future points in time including displaying a comparison of the employer'"'"'s after-tax cash flows and GAAP expenses under the two plans.

28. A system comprising one or more computers having one or more processors which execute computer executable instructions to implement the method of claim 17.