Quarterly report pursuant to Section 13 or 15(d)

Accrued salary, accrued retirement and related party incentive fee

v3.5.0.2
Accrued salary, accrued retirement and related party incentive fee
9 Months Ended
Sep. 30, 2016
Accrued salary, accrued retirement and related party incentive fee  
Accrued salary, accrued retirement and related party incentive fee

Note 15 - Accrued salary, accrued retirement and incentive fee - related party

 

The Company had an outstanding liability to its Chief Executive Officer ("CEO") as follows:

 

September 30,

2016

December 31,

2015

 

Accrued salaries and benefits

$

755,369

$

737,878

Accrued incentive fee and bonus

 

190,581

 

190,581

Accrued retirement and other benefits

454,913

448,415

Offset by shareholder advance

(655,340)

(892,502)

$

745,523

$

484,372

 

The Company agreed to advance the CEO $944,000 against the accrued liabilities due him, in January 2014, to exercise additional warrants into shares to be used as collateral for a potential loan to the Company. The warrant exercise was a cashless transaction made solely for the benefit of the Company in its efforts to obtain financing.

 

After the warrants were exercised, the CEO put 100% of his shares owned, 5,000,486 shares, in an escrow which was to guarantee the potential loan. The loan was mutually rescinded on June 12, 2014, and the shares remained in escrow until March 28, 2016, at which time the Company announced that the CEO’s shares would be moved from a purely voluntary escrow and a 10b5-1 Plan under third party control was initiated to more formally preclude any directed share sales by him when non-public information is known.

 

As provided by Board of Director resolution in 1998, the CEO will be paid an incentive fee and a bonus which are payable in cash upon merger, resignation or termination or in installments at the CEO’s option. The incentive fee is 1% of the increase in market capitalization based on the bid price of the Company’s stock beyond the book value at confirmation of the bankruptcy, which was approximately $260,000. The bonus is 0.5% of the increase in market capitalization for each $1.00 increase in stock price up to a maximum of $8 per share (4%) based on the bid price of the stock beyond the book value at confirmation of the bankruptcy. The Company recorded $0 of accrued incentive fee and bonus for each of the three months and nine months ended September 30, 2016 and 2015.