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McGUIREWOODS
EXECUTIVE
COMPENSATION
PLANNING
FOR
PRIVATELY-HELD
BUSINESSES
by
Jeffrey
R.
Capwell*
McGuireWoods
LLP
Charlotte,
NC
icapwell@mcguirewoods.com
INTRODUCTION
A.
Preliminary
Considerations
1.
How
is
the
business
organized
a.
Tax
status.
b.
Ownership
structure.
2.
What
are
the long-term
objectives
for
the
business
a.
Continue
indefinitely
as
closely-held.
b.
Position
for
an
ultimate
sale
of
the
business.
c.
Sell
shares
in the
public
market.
3.
What
are
the
characteristics
of
the
management
group
a.
Executives
are
already
owners,
either
directly
or
through
family
relationships.
b.
Managers
have
little
or
no
ownership
interests.
4.
What
are
the
specific
compensation
objectives
a.
Incentivize
long-term
performance.
b.
Attract/retain
key
managers.
c.
Other
objectives.
©
Jeffrey
R.
Capwell
2004.
All
rights
reserved.
source: scholarship.law.wm.edu