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I am working with an attorney to draft a new NQSO agreement with an employee and need to have company valuations performed to set the option exercise prices in conformance with section 409A of US IRS regulations. The original NQSO was signed (and options were granted) in March 2006. The new NQSO replaces the old one and all options granted in March 2006 have been immediately vested in the new agreement, and additional options are being granted now with vesting based on the company meeting specific revenue targets in the future. I think I'll need company valuations performed for two different time periods (i.e., grant dates) in order to meet the 409A requirements: 1) March 2006 (the grant date for the original options which are now fully vested) and 2) June 2010 (the date the company and employee agreed to terms for the new options, and thus I assume this to be the grant date for the new options). Please provide the following with your bid:
1) Your understanding of what the 409A...
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