• Skip to primary navigation
  • Skip to main content
  • Skip to footer
Employee Benefits Law Group

Employee Benefits Law Group

Guidance. More than just Legal Advice.

  • What We Do
    • ESOPs
    • Mergers & Acquisitions
    • Retirement Plans
    • Equity & Executive Compensation
    • Health & Welfare Plans
  • Our Team
  • Resources
  • Contact
Employee Benefits Law Group
Home > Resources > ESOP > What Can an ESOP Company Do Once the ESOP Owns All the Stock?

What Can an ESOP Company Do Once the ESOP Owns All the Stock?

September 2, 2020 by Employee Benefits Law Group

Once the ESOP owns all of the company stock, it faces the challenge of how to get stock into the hands of new employees. Watch our video to learn more.

 

Approaches to Free Up Shares

The simplest and most straightforward approach is for the corporation to simply issue and contribute new shares to the ESOP and allocate those to the shares just like it does in a stock bonus plan. Shares are contributed out of corporate growth. As retained earnings increase, new equity is created for the new employee participants. 

More typically, however, ESOPs engage in repurchase liability planning. This involves distribution planning to free up shares to be reallocated to other participants’ accounts. 

At the most creative end of the spectrum, different allocation formulas can be used to provide preferential allocations to newer participants versus older participants to allow a more balanced allocation of shares.

Filed Under: ESOP

About Employee Benefits Law Group

Employee Benefits Law Group is a deep and diverse team of experts working to make your life easier and improve your outcomes in every aspect of employee benefits. Our clients know we listen, probe and understand their challenges and objectives. We ask the questions they didn't know needed to be asked. They count on us to deliver solutions that become part of their company's overall success.

Meet the Team

EDITOR’S NOTE: We did the best we could to make sure the information and advice in this article were current as of the date of posting to the web site. Because the laws and the government’s rules are changing all the time, you should check with us if you are unsure whether this material is still current. Of course, none of our articles are meant to serve as specific legal advice to you. If you would like that, please call us at (916) 357-5660.

Recent ESOP Posts

Selling an ESOP Company

The Top 5 “Speed Bumps” When Terminating an ESOP

What Can an ESOP Invest in Other Than Company Stock?

Don’t Miss Out! Subscribe

We cover all things employee benefits law.

Privacy Policy

We never share your info.

Let’s Start a Conversation

Have questions about your current benefit plan? Want to know what your benefit plan options are? Whatever your need, we’re here to help. Fill out a hassle-free request form, and one of our team members will follow up to get you on the path to success.

Get In Touch

Footer

Our experienced team guides you in all aspects of ESOPs, M&A due diligence, retirement plans, equity / compensation, and health and welfare benefits.
Sacramento Office
916-357-5660
11231 Gold Express Dr.
Suite 108
Gold River, CA 95670
San Jose Office
408-467-3860
2033 Gateway Place
Suite 500
San Jose, CA 95110
Phoenix Office
2550 W. Union Hills Dr.
Phoenix, AZ 85027
Los Angeles Office
310-571-8896
10880 Wilshire Blvd
Suite 1101
Los Angeles, CA
90024
San Diego Office
916-357-5660
550 West B Street
San Diego, CA 92101
  • LinkedIn
  • Email

Copyright © 2025 Employee Benefits Law Group · Privacy Policy · Site Design by Delos Incorporated