From the February 2011 issue of Treasury & Risk magazine

Saving Bucks on Buybacks

The SEC's proposal to bring stock repurchases rules in line with evolving market conditions could give companies access to the latest tools to execute large trades anonymously.

The only time delivery company UPS contemplated breaching the Securities and Exchange Commission's safe-harbor rules on repurchasing company stock was the morning of the Sept. 11, 2001, terrorist attack on the World Trade Center.

Futures were down before the stock market opened that day, and Gary Barth, assistant treasurer and vice president at the Atlanta-based company, says he explained to his CFO that to support its stock price, UPS would face a market in which the only bids would be its own. That would almost certainly have resulted in UPS' falling outside the SEC's safe-harbor rules, which require that companies pay no more to repurchase stock than the highest independent bid or last independent sale price.


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