In terms of EMI options, I'm not convinced that using restricted shares will negate ER, even under the new rules. It's perfectly possible to use non-voting and/or non-dividend shares for EMI, and quite common for time-based vesting structures. Is there a source for Rebecca's contention re restricted rights and EMI? Everything I have seen so far says that only the increase in the eligibility period from 12 months to 24 months applies.
My answers
In terms of EMI options, I'm not convinced that using restricted shares will negate ER, even under the new rules. It's perfectly possible to use non-voting and/or non-dividend shares for EMI, and quite common for time-based vesting structures. Is there a source for Rebecca's contention re restricted rights and EMI? Everything I have seen so far says that only the increase in the eligibility period from 12 months to 24 months applies.