Research in motion stock option backdating

It is common for two parties, particularly in the commercial context, to enter into a contract at one time, but agree to have the contract come into effect at an earlier time. Courts respect the parties' decision to backdate since giving effect to backdating provisions respects the parties' intentions as well as their freedom of contract., 1968 (the date the contract was delivered to the insured).The Court considered the construction of the whole policy and held that the exclusion clause took effect on the backdated date chosen by the parties.

In summary, backdating is generally permissible where it is done to alter the obligations of the contracting parties only.The news, according to the Times report, “did not faze investors.” This may be because the market anticipates that the adjustments will be in the past and the news about RIM’s current earnings is good.But that leaves the questions of what did the executives make from these practices and what did shareholders lose?Although backdating is generally permissible under the common law, a court will not give effect to backdating where the parties backdated the contract to mislead a third party.For example, in a company's employees were interested in unionizing.

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