Quarterly report pursuant to Section 13 or 15(d)

Note 17 - Accrued salary, accrued retirement and incentive fee - related party

v3.8.0.1
Note 17 - Accrued salary, accrued retirement and incentive fee - related party
9 Months Ended
Sep. 30, 2017
Notes  
Note 17 - Accrued salary, accrued retirement and incentive fee - related party

Note 17 - Accrued salary, accrued retirement and incentive fee - related party

 

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

 

 

September 30,

2017

December 31, 2016

 

Accrued salaries and benefits

$

774,735

$

759,701

Accrued incentive fee and bonus

 

190,581

 

190,581

Accrued retirement and other benefits

463,577

457,079

Offset by shareholder advance

 

(288,929)

 

(368,938)

 

$

1,139,964

$

1,038,378

 

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 The potential loan was mutually rescinded in conjunction with the lender on June 12, 2014, and the shares remained in escrow until March 28, 2016, at which time the CEO’s shares were removed from escrow.

 

As provided by Board of Director resolution in 1998, the CEO will be paid an incentive fee and a bonus which are payable 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 incentive fee expense was $0 and $0 for the three months ended September 30, 2017 and 2016, respectively. The incentive fee expense was $175,997 and $0 for the nine months ended September 30, 2017 and 2016, respectively.