When the Ninth Circuit Court of Appeals blocked an ESOP-owned company from advancing attorneys' fees to plan fiduciary defendants out of corporate assets in the 2009 decision in Johnson v. Couturier, the surprise and apprehension in the ESOP ...
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ESOP Blog
ESOP Reshuffling – Good For Everyone On Deck … And Off
There are a variety of options for ESOP companies looking to maximize stock allocations to active participants, minimize stock allocations to terminated participants, and efficiently use the cash within the trust to accomplish these ...
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ESOP Restatements And Submissions … Making The Most Of Your Relationship With The IRS?
By now, all companies sponsoring ESOPs should be aware that their plan documents must be restated and submitted to the IRS every five years for a letter of determination of their tax qualified status. What they may not realize is that the ...
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ESOPS & Limited Liability Companies: Converting To A Corporation
Want an ESOP But Have an LLC? Convert!
Business owners frequently choose to operate as a limited liability company (LLC) because it provides for a less formal governance structure and the option to be taxed as a partnership. But, the ...
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Corporate Succession Planning And The CPA
There is no denying that all privately held companies will, at some point, be sold to or merge with a third party, transferred to family members, sold to their employees – or not survive. Very few companies have the option of going public. Because ...
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ESOP Distributions Policies: How Can You Modify Or Amend Them?
It is a fairly common practice for ESOP plan documents to contain references to ESOP distributions "policies" that are separate from the plan document itself and that are administered, or modified or amended, by plan fiduciaries (committees, trustees ...
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