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Posted Aug 12, 2006 06:58 by Max F. Listed in: News, Apple Corporate Tags: SEC, NASDAQ
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NasdaqNasdaq sent a letter to Apple: you may be kicked out of Nasdaq. This would be very harmful for Apple's finances because Nasdaq is the stock market that lists more companies and trades more shares per day than any other market in the USA.

Why is Nasdaq threatening to ax Apple? Nasdaq requires the quarterly profit report (or 10-Q); if you don't file your 10-Q, then it's goodbye stock listing.

But Apple announced that it would delay filing its 10-Q because its outside legal counsel is not yet done investigating what may be irregularities in the company's accounting of stock options for employees. This investigation was announced by Apple back in June 29. They will, of course, be reporting their findings to the United States Security and Exchange Commission (SEC, the US government body that watches over such things).

And the SEC has been busy investigating people over stock options for employees (basically like what's happening with the SEC investigating THQ for its options grants).

Several other companies are under investigation, and some of their executives have even been indicted for options-related fraud.

[Via MarketWatch] Permalink  |   Email this  |   Linking Blogs   |   Digg It!

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   by (Unregistered) - 2006-08-12

As long as companies are held accountable for their actions, then it's good. I wonder if Nasdaq will give them any additional time though.
   by (Unregistered) - 2006-08-12

Nasdaq might because it's Apple, but Nasdaq might not because Nasdaq has to abide by its own rules or else there would hell to pay from other companies.

You're right. Companies should be held accountable for their actions. I just never thought Apple would get embroiled in something as stupid as backdated stock options.

It might just be a matter of a few accounting mistakes (forgetting to file stock options as "compensation" in the accounting books and filing them instead under another heading).

I sure hope it's nothing fraudulent. For those who don't know (I didn't include it in the article cuz it's boring), one bad way (not the only way) of backdating stock options happens this way:
1. a company wants to give its employees a reward (usually top executives)
2. they choose stocks
3. they choose to backdate those stocks to a date when the stocks were sold for cheap
4. the result: the executives make a lot of money by buying only the cheapest stocks
This is dishonest. It's unfair to the average trader. And the SEC is cracking down. Again, I sure hope Apple's mistakes are of the honest accounting mistake type and not of the dishonest fraudulent type. Sigh.




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