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Cashless Exercise

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Cashless Exercise
A method of exercising employee stock options in which the employee borrows enough money from a broker to buy the underlying stocks and immediately resells enough shares to pay the loan, in addition to taxes and commissions. This is a form of buying on margin; ordinarily, most brokers would not allow the employee to buy on margin, but, in cashless exercises, they receive repayment almost at once. This results in a profit for both the broker and usually for the employee as well.


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Because of the issues raised by the Act, companies should consult their securities counsel and carefully consider whether it is prudent to suspend their cashless exercise programs for directors and executive officers pending guidance from the Securities and Exchange Commission or other developments.
Cashless exercise is always available where the employee simultaneously exercises and sells NQ shares, the company withholds the appropriate taxes, and the employee is given cash for the net balance.
A cashless exercise has essentially the same tax results as remission of shares acquired on exercise of an ISO prior to expiration of the holding periods.
 
 
 
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