An attorney can be invaluable as a company decides the right ESOP for its organization.
Choosing the right ESOP transaction for your company comes down to balancing the needs, trade-offs, and risks to all parties involved including the corporation, the selling shareholder, and the employees who are protected under ERISA. An attorney experienced in ESOPs understands the issues of the mature operating ESOP and the issues that may be involved in either selling the company or unwinding the ESOP. It’s always wise to start with that perspective to determine what you are really getting into. You’ll want to understand the trade-offs and head off the complications that could arise in the future if the needs of all the constituencies are not thought about upfront.