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 ...
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Resources
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 ...
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When an ESOP Company Is Sold, Who Pays the ESOP Loan?
It’s easiest to think of an ESOP loan as essentially a mortgage on the ESOP's shares held in its suspense account. If the stock is sold, the ESOP trustee will pay off the debt and then the net proceeds from the payment of that debt will be the gain ...
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COBRA: Don’t Pick It Up As Part Of Your Next Deal
"Who has to pay for COBRA coverage?" is a question we often hear from transaction lawyers and their clients in a stock sale or an asset sale. COBRA requires some employers to provide certain participants and their beneficiaries with group health ...
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Employee Benefits Plans In Mergers And Acquisitions
When businesses are bought, sold, merged, or reorganized into or out of existence, qualified retirement plans must be dealt with. This article provides an overview of some of the most common decisions faced by both buyers and sellers, acquirers and ...
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Who Votes the Shares Held in the ESOP?
The Code requires that company stock in the ESOP must have full voting rights. In this video, we discuss who votes the shares held in the ESOP.
ESOP Trustee Duties and Shareholder Rights
Since the ESOP trustee is the corporate ...
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Confused by the terminology? Check our Glossary of Terms