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Morgan Stanley Smith Barney
Corporate Client Group
 
 
Complex Executive Issues
Call for Innovative Strategies


The issues involved in moving from a highly concentrated position to an appropriately diversified wealth management strategy are different for every individual. The Morgan Stanley Smith Barney Financial Advisor working with EFS will help focus the appropriate attention to important considerations for any corporate insider or affiliate. These include:
  • Trading on material inside information (Rule 10b-5)
  • "Short Swing" profit rule (Section 16(b) of the Securities Exchange Act of 1934), and
  • SEC Rule 144 compliance when selling company stock.

In almost all cases, the process for successfully achieving the transition is multi-faceted, making it imperative that an executive, with assistance of a Morgan Stanley Smith Barney Financial Advisor and other product and services areas of our Firm, carefully develop and implement a comprehensive and integrated plan. Among the issues to consider are:

   
Restrictions on securities The first step in building an intelligent strategy is to understand the securities they hold and the flexibility they have in liquidating them. The sale of a concentrated position is most likely subject to certain legal restrictions. Understanding these issues calls for a careful study by an experienced group of professionals dedicated to this task.
Alternatives for monetizing, hedging or diversifying securities Working with an experienced firm, executives will find that their choices go far beyond simply selling or holding their securities. In some cases, executives can monetize their holdings without actually selling them. The range of alternative strategies may include collateralized loans, private placements and risk management strategies, such as listed and over-the-counter options, customized hedges, prepaid forward sales, contingent foward sales and exchange funds.
Estate and financial planning

The determination of which strategies to pursue should be considered within the framework of an overall estate and financial plan designed to maintain current wealth as well as the wealth for future generations.

 


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Morgan Stanley Smith Barney LLC and its affiliates do not provide tax or legal advice. To the extent that this material or any attachment concerns tax matters, it is not intended to be used and cannot be used by a taxpayer for the purpose of avoiding penalties that may be imposed by law. Any such taxpayer should seek advice based on the taxpayer's particular circumstances from an independent tax advisor.
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