Annual report pursuant to Section 13 and 15(d)

Accrued salary, accrued retirement and related party incentive fee

v3.8.0.1
Accrued salary, accrued retirement and related party incentive fee
12 Months Ended
Dec. 31, 2016
Accrued salary, accrued retirement and related party incentive fee  
Accrued salary, accrued retirement and related party incentive fee

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

 

As of December 31, 2016 and 2015, the Company had an outstanding liability to its Chief Executive Officer ("CEO") as follows:

 

2016

2015

 

Accrued salaries and benefits

$

759,701

$

737,878

Accrued incentive fee and bonus

 

190,581

 

190,581

Accrued retirement and other benefits

457,079

448,415

Offset by shareholder advance

(368,983)

(892,502)

$

1,038,378

$

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 The loan was mutually rescinded on June 12, 2014, and the shares remained in escrow until March 28, 2016, at which time the CEO’s shares were removed from escrow and 135,000 shares were placed under a 10b5-1 Plan under third party control to preclude any directed share sales by him when non-public information is known. The CEO’s remaining shares are held in certificate form and are not held in any brokerage account for resale.

 

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 accrued incentive fee has not changed from the 2014 accrual of $190,581.