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Employee Stock Ownership Plan Answer Book covers the many regulations, interpretations, rulings, and cases that seek to interpret the laws governing the design, administration, and operation of ESOPs. This practical manual focuses on the nuts and bolts of ESOP design and mechanics so that professionals can find new and creative uses for the ESOP model. Employee Stock Ownership Plan Answer Book is written in simple, straightforward language and avoids technical jargon, and includes citations of authority if additional research is required. Employee Stock Ownership Plan Answer Book has been completely updated and revised. Highlights of the Fifth Edition include: A summary of advantages and disadvantages of ESOPs, the various planning opportunities ESOPs present, and the significant risks that should be considered An outline of the legal requirements for structuring an ESOP, primarily arising from the Internal Revenue Code A discussion of the rules for deducting various amounts contributed to an ESOP, distinguishing how such rules differ from rules in other types of retirement plans A discussion of the complex fiduciary duties and relationships inherent in the unique structure of an ESOP. More than any other type of retirement plan, fiduciaries of ESOPs run the risk of engaging in prohibited self dealing The issues that arise in valuing companies owned in whole or in part by an ESOP A detailed description of the special tax advantages for shareholders who sell their shares to an ESOP in a transaction that satisfies Code Section 1042, usually as part of a corporate ownership succession strategy An overview of the securities laws implicated by the employer securities held within an ESOP An explanation of ESOP leveraging - perhaps the most unique of the features of an ESOP - which allows the ESOP to be used by the sponsoring employer to obtain tax-advantaged corporate financing An in-depth look at special issues arising in ESOPs sponsored by Subchapter S corporations A discussion of the many uses of ESOPs in corporate merger and acquisition transactions, and the special treatment that often must be afforded to the ESOP fiduciaries who control the disposition of the employer securities held by the ESOP Previous Edition: Employee Stock Ownership Plan (ESOP) Answer Book, Fourth Edition ISBN 9781454810315
Are you considering starting an Employee Stock Ownership Plan (ESOP) or converting your company to an ESOP? Or maybe making the big leap to a 100% employee-owned company? If you want your company to perform at its absolute peak and you want the people who make that happen (you included) to receive the ultimate financial return—that of an owner—Create Amazing is your practical field guide to creating an amazing company and leaving a great legacy. There are more than 10,000,000 employee owners in America today. The results of employees owning a piece of the pie has been proven throughout American history, even before ESOPs became IRS law in 1974. Employees with even a small capital interest in their firms' successes are more likely to stay, have greater loyalty and pride, are willing to work hard, and make more suggestions for improvement. Economic injustice caused by wealth disparity is quickly becoming the hottest debated topic in America especially in combination with the most regressive recession in America's history and the nation's hopeful new commitment to equalizing opportunities across all people. Employee ownership is not the only answer for economic justice but it can be a critical puzzle piece for tens of millions of Americans where the current inherent disadvantage of circumstance stands in their way. Create Amazing demonstrates how ownership can provide the ultimate competitive advantage to a growing company—and the nation. The vast majority of what's been published about employee ownership comes from academe—compelling research from Rutgers, the feds, and several national ESOP associations. Create Amazing puts ESOPs feet-on-the-ground, written by Greg Graves, a CEO who has walked the talk. Graves operated one of the most successful ESOPs in American history. Graves shares: • The history of employee ownership in America and the principles of its purpose • Why employee ownership is a viable solution fiscally and futuristically • What an ESOP is, what it does, and what's happening in Washington, DC, to promote this model • How ESOPs work, and how they're structured legally, fiduciarily, and financially • A deep dive into the impact of ESOPs on America and on employee owners personally If you're a business owner considering an ESOP start-up or transition to employee ownership, if you are a current employee owner who believes your firm can do more, or if you simply believe that our nation needs a shot of steroids to be both more productive and more just, this is the book that speaks from a real-world, executive-to-executive perspective about the process, the problems (and how to avoid them), and the deliverables. Create Amazing explores how employee ownership—done the right way—sparks an ownership mindset among employees and can be a catalytic force for economic prosperity and corporate endurance.
The historical relationship between capital and labor has evolved in the past few decades. One particularly noteworthy development is the rise of shared capitalism, a system in which workers have become partial owners of their firms and thus, in effect, both employees and stockholders. Profit sharing arrangements and gain-sharing bonuses, which tie compensation directly to a firm’s performance, also reflect this new attitude toward labor. Shared Capitalism at Work analyzes the effects of this trend on workers and firms. The contributors focus on four main areas: the fraction of firms that participate in shared capitalism programs in the United States and abroad, the factors that enable these firms to overcome classic free rider and risk problems, the effect of shared capitalism on firm performance, and the impact of shared capitalism on worker well-being. This volume provides essential studies for understanding the increasingly important role of shared capitalism in the modern workplace.
How employee ownership can pay bottom-line benefits. Today, more than 25 percent of American workers own stock in their employers. You can shop at employee-owned supermarkets such as Publix, buy Gore-Tex fabric from employee-owned W.L. Gore & Associates, and sip coffee served by employee owners at Starbucks. Now Corey Rosen, John Case, and Martin Staubus present convincing evidence that employee ownership can be much more than just a good benefit program. Done right, it can be the foundation for a new—and more effective—model of management. Drawing on first-hand studies of dozens of companies from large corporations to local retailers, the authors show that the “equity model” enables firms to grow faster and more profitably than conventionally run competitors. Vivid examples of both winning and failed attempts at employee ownership reveal the key concepts that make the model successful, and suggest how managers can adapt these strategies for use in their own companies. This lively and practical guide delivers a sound business case for making employees true partners in a firm’s success.
Employee Ownership Through ESOPs: Implications for the Public Corporation summarizes the large body of literature on employee stock ownership plans (ESOPs) and the phenomenon of employee ownership. The author has discovered and reviewed over 700 articles on the subject in academic and professional journals of business, labor, law, and social science since 1973. The study is divided into four parts. The first part examines law, public policy, and regulation; the status of ESOPs in the publicly held corporation; corporate uses and labor-management roles; the impact of the ESOP on labor-management cooperation and the economic performance of firms; and the future of employee ownership. The second part presents selected case studies which illustrate the range of corporate uses and benefits to workers and the difficult issues these raise. The third part presents abstracts of articles or books that are central to understanding the major findings and implications of employee ownership and gaining an ordered introduction to the field. The fourth part includes references to these abstracted materials and to the subjects discussed in the first and second sections. This study emphasizes the significance of employee ownership to corporate officers, middle managers, union officials, and/or local labor representatives and employee leaders who are associated with a publicly held company.
Using data from an extensive study of employee-owned companies in Ohio, where employee ownership is a well-developed trend, this book offers a strong empirical portrait of firms with Employee Stock Ownership Plans (ESOPs). It describes how these plans work and places their emergence and change in a historical context. John Logue and Jacquelyn Yates examine firms that have succeeded in employee ownership and those with failed plans. Some companies, they find, are committed to the concept of employee ownership, and others merely use ESOPs as a financing tool.Detailed information resulting from multiple surveys allows the authors to draw well-grounded conclusions regarding the question of why some employee-owned firms outperform others. The bottom line, they find, is that employee-owned firms that "do it all," implementing features such as employee participation and communication about finances, training, and cultural change, systematically outperform their conventional competitors. They also have an advantage over firms that understand employee ownership incompletely, if it all, and yet claim to adopt its methods.