The changes that the Main Street Employee Ownership Act made to the Small Business Administration's lending rules for ESOP transactions are now in effect. The revised rule makes an SBA loan potentially more attractive for sellers who want to sell their companies to an ESOP but do not ...
[Read more] about No Fooling: New Rules For SBA ESOP Loans Took Effect April 1
Don’t Pick Up COBRA 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 plan coverage after certain events occur that ...
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It Pays to Give Your Retirement Plan A Comprehensive Review
Employee Benefits Law Group often works on retirement plans that have been in place for years and we know that simply making sure a plan is up to date is not enough.
We look at a plan’s “foundational basis.” If the underlying plan design, tax assumptions and fiduciary structure—the plan's ...
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Aren’t ESOPs Expensive?
We hear this question all the time. Aren't ESOPs expensive? Aren't they complicated? Well, that's actually the wrong question to ask. The right question to ask is this:
How do the costs and details of an ESOP transaction compare to a transaction where you sell your company to a private equity ...
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Doing M&A Due Diligence In Phases Lets You Decide How Much Review Is Enough
The deal lawyers we work with appreciate having ERISA counsel with serious transaction experience on their side. We understand that deal cost and time have to be kept in check. Our phased approach to employee benefits diligence puts you and your client in control of how much review is enough. In ...
[Read more] about Doing M&A Due Diligence In Phases Lets You Decide How Much Review Is Enough
Failure to File a Form 5500: An Expensive Problem To Acquire
In a merger or acquisition, late or never-filed Form 5500s can be an expensive benefits problem to acquire and a sign there may be other issues with the company's benefits plan.
In this podcast, Wendy Gilligan shares some helpful general information for buyers and ...
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Form 5500: Are You Sure You Are Filing All That Are Required?
Advice on how and when to file Form 5500…
How can filing an annual return/report on a Form 5500, a relatively simple information return that does not require the payment of any taxes, become so complicated and result in such huge penalties for noncompliance? The answer lies in the complex filing ...
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The Affordable Care Act During M&A Due Diligence
The Affordable Care Act is still a concern during an M&A transaction. In this podcast, Jim Paul explains why.
Transcript
The Affordable Care Act is still out there. Penalties for individuals were repealed, but employer penalties are still in effect. The IRS has started sending out ...
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Participant-Directed Individual Account Plans, An Overview Of The Department Of Labor Regulations And Their Application To Certain Public Retirement Plans In California
California public employers sponsoring participant-directed retirement plans such 457(b) plans can reduce the potential for fiduciary liability by complying Federal Department Of Labor Code section 404(c) rules of the Employee Retirement Income Security Act (ERISA). Although ERISA is the federal law ...
[Read more] about Participant-Directed Individual Account Plans, An Overview Of The Department Of Labor Regulations And Their Application To Certain Public Retirement Plans In California
Confused by the terminology? Check our Glossary of Terms