IRC Section 409A: Internal Revenue Code section governing deferred compensation arrangements, including phantom stock plans. Critical for ensuring proper tax treatment and avoiding penalties.
IRC Section 451: Tax code section addressing the timing of income recognition for phantom stock payments and other forms of compensation.
IRC Section 83: Regulations concerning property transferred in connection with performance of services, relevant for understanding tax implications of phantom stock awards.
Securities Act of 1933: Federal law governing the offer and sale of securities, which may be relevant if phantom stock is considered a security under certain circumstances.
Securities Exchange Act of 1934: Federal law regulating secondary trading of securities and establishing SEC oversight, relevant for ongoing compliance.
State Blue Sky Laws: State-specific securities laws that may apply to phantom stock arrangements, requiring compliance at the state level.
SEC Rule 701: SEC rule providing exemption for private companies offering securities to employees, including certain equity-based compensation arrangements.
ERISA: Employee Retirement Income Security Act, which may apply if phantom stock plan is considered an employee benefit plan.
FLSA: Fair Labor Standards Act, ensuring phantom stock arrangements comply with wage and hour laws.
State Employment Laws: Various state-specific employment regulations that may affect the structure and implementation of phantom stock awards.
State Corporate Laws: Laws of the state of incorporation governing corporate actions, including authority to issue phantom stock.
Federal Reserve Regulations: Banking regulations that may apply if the issuing company is a financial institution.
