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World Law Group Series Volume 4 Although the economic downturns of 2001 and 2002 have threatened to dampen enthusiasm for employee equity participation in business enterprises, such plans continue to be offered by employers in nearly all major national jurisdictions. The time is ripe, in fact, to clarify and elucidate the legal complexities of extending such plans across borders to employees working in other countries. This is the first book to provide in-depth, country-by-country coverage of the national law issues that must be considered by an employer implementing (or considering the implementation of) a multinational employee equity plan. For each of thirty countries, International Employee Equity Plans presents a detailed survey of applicable law, trends, and customs affecting employee participation. Each chapter is written by practicing employment lawyers in that particular jurisdiction, ensuring that the critical issues, potential pitfalls, and likely changes are incisively dealt with. Among the matters described and analysed for each country are the following: the most advantageous (and disadvantageous) types of plans; relevant securities offering rules; all legal compliance steps; available exemptions and reliefs and the conditions upon which they are offered; the fine line between and¿informingand¿ and and¿advisingand¿; taxation of employee benefits and other tax rules; and the extent to which local courts will recognize foreign law in all pertinent matters. The wealth of guidance and information in this book will help many more organisations to follow the lead of those companies that have already achieved remarkable success in this important area of international business. Legal practitioners, in-house counsel, human resources executives and others involved in implementing employee equity plans have here a detailed and user-friendly handbook covering the most important jurisdictions. The World Law Group is a network of independent law firms located in most of the world's major commercial cities. Each World Law Group memebr firm has been selected for its excellent business reputation, its dept of commitment to international practice and its ability to assist other member firms in their national dealings. For more information, please visit http://www.theworldlawgroup.com.
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
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.
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.
This book offers guidance for understanding benefits options and plan structures, and making better decisions for your organization. Writing for both HR and finance professionals, internationally respected compensation and benefits professor and consultant Bashker Biswas drills comprehensively into today's most important benefits-related topics and challenges. Employee Benefits Design and Planning covers all this, and much more: Finance and accounting implications of Healthcare benefits Other risk benefits Severance benefits Disability and group life insurance programs Flexible benefits Non-qualified deferred arrangements 409A plans, ESOPs, Money Purchase Pension Plans, Cash Balance Plans, 401(k), 403(b) plans and 457 Plans Employee benefit plan financial reporting, legal compliance, and auditing Employee benefits in mergers and acquisitions Self-funding vs. insurance funding decisions Global employee benefits including umbrella pension plans and multi-national pooling Equity participation in employee benefit plans Biswas introduces and explains key employee benefit metrics and ratios, and demonstrates best practices for forecasting costs and budgeting appropriately. For all compensation professionals, benefits professionals, human resource professionals, accounting professionals, labor attorneys, financial analysts, and finance professionals. Readers will have roles in benefits-related consulting, finance, accounting, and human resource management, both domestic and international.