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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.
Employee Share Ownership Plans (ESOPs) are a powerful tool in a world in which it is no longer business as usual. Whether you want to attract and retain skilled workers, create a succession plan for your business, combat the "brain drain," recognize employee contributions, or need a way to turn your company around through improvements in productivity and morale, an ESOP could be the win-win solution for your company. An ESOP is a formal plan that allows employees to purchase shares in the company they work for. Employees think and act like owners because they actually hold a very real stake in the company. Not only are ESOPs financially beneficial for employees; companies that offer these plans also reap tangible rewards in improved motivation, communication, productivity, and profitability.
What if there were a way an owner of a private company could: * Sell stock of the company, pay no tax on the proceeds, and still keep control? * Increase the company's working capital and cash flow with no cash expenditure? * Provide employees with equity at no cash outlay on anyone's part? * Make life insurance premiums tax deductible? * Increase productivity, profitability, and company value with no cash outlay? * Allow the corporation to operate in a totally tax-free environment? An ESOP-- Employee Stock Ownership Plan-- does all that and it does it with the sanction and encouragement of the United States Congress. ESOP: The Ultimate Instrument in Succession Planning, Second Edition is a comprehensive yet easy-to-understand guide emphasizing the corporate financial benefits that an employee stock ownership plan can offer as a business financing instrument. Written by noted expert Robert Frisch and updated to include the latest developments, this book explains in clear language ESOPs work and how owners of private corporations can use them as versatile financial tools to achieve their succession planning objectives.
A must-read for accountants and professionals with a business valuation accreditation or certification, pension actuaries, ERISA lawyers, Financial Valuation of Employee Stock Ownership Plan Shares identifies, explains, and explores the ins and outs of ESOPs, with a focus on what benefits a company/shareholder/plan participant would receive by transacting shares of stock with an ESOP, the formula for an Employee Stock Ownership Plan, stock incentives and their attractiveness to employees, the nature and function of ERISA, Department of Labor, and IRS. It includes training material, the full text of Department of Labor–proposed regulations, details of important court cases, various examples and illustrations to be used as reference and research tools for the experienced and trained valuation professional, and more.