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Employee Benefits Law Group

Employee Benefits Law Group

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Retirement Plans

Controlled Group or Affiliated Service Group? What That Means for Your 401(k) Plan Compliance

If you’ve recently discovered your business may be part of a Controlled Group (CG) or an Affiliated Service Group (ASG)—or assumed you weren’t and got it wrong—your 401(k) plan could face significant compliance issues. This misstep isn’t just a ...
[Read more] about Controlled Group or Affiliated Service Group? What That Means for Your 401(k) Plan Compliance

ESOP

Selling an ESOP Company

You are the CEO of a very successful, 100% ESOP owned S corporation. The company is profitable and running very well, paying no federal or state income taxes. The employees are happy. Out of the blue, you get an offer from a third ...
[Read more] about Selling an ESOP Company

Retirement Plans

Form 5500: The Role of the Accountant and the Audit Report

What is an accountant's role in your annual return/report (Form 5500)? Conventional wisdom says that accountants or auditors have an integral role to play in the preparation of the annual report for employee benefit plans, from both a financial and a ...
[Read more] about Form 5500: The Role of the Accountant and the Audit Report

ESOP

The Top 5 “Speed Bumps” When Terminating an ESOP

When terminating a qualified retirement plan, there are undeniably many details. Once the termination and wind up of the trust process begins, questions, loose ends and other “speed bumps” can slow down the process considerably. In this article, we ...
[Read more] about The Top 5 “Speed Bumps” When Terminating an ESOP

Mergers & Acquisitions

M&A Benefits – How to Avoid an Employee Benefits Train Wreck in Your Next Deal

If the closing date is approaching on the purchase/sale of your or your client's company and you still don't have a plan for transitioning employee benefits, the result can be a train wreck. The seller can end up with liabilities they didn't ...
[Read more] about M&A Benefits – How to Avoid an Employee Benefits Train Wreck in Your Next Deal

ESOP

What Can an ESOP Invest in Other Than Company Stock?

ESOPs are not required to invest exclusively in company stock. Kevin Long explains. It's a fundamental requirement for ESOPs that they be primarily invested in employer securities, and typically, that's the common stock of the corporation ...
[Read more] about What Can an ESOP Invest in Other Than Company Stock?

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Confused by the terminology? Check our Glossary of Terms

Recent ESOP Posts

When an ESOP Company Is Sold, Who Pays the ESOP Loan?

Who Votes the Shares Held in the ESOP?

What Classes of Stock Can an ESOP Own?

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