ESOPs - A Valuable Tool For The Closely-Held Business

Webinar: ID# 1020368
Recorded CD
About This Course:
In an evolving tax and financial environment, business owners are exploring strategic options to transition from full-time business owner to retiree, while at the same time providing for their families and their employees.

In many situations, employee stock ownership plans (ESOPs) are selected as the strategy of choice for business succession planning and tax-preferred growth.

Understand the potential advantages of ESOPs and learn what an ESOP is, why ESOPs are popular, what the potential advantages for a company, the selling owners and the affected employees might be; the federal tax implications of creating an ESOP; and related corporate, financial and valuation considerations of an ESOP.

  • What Is an ESOP
  • Who Are Good ESOP Candidates
  • How an ESOP Is Established
    • General Transaction Steps
    • Leveraged ESOP Diagram and Considerations
    • Financing Considerations
    • Valuation Considerations
  • Appraisal Requirement
  • Litigation and Fiduciary Issues
  • Barriers to a Successful ESOP
    • Selling Shareholder Issues
    • Company Issues
    • Why ESOPs Are Popular
    • Tax Advantages
  • Section 1042 Rollovers
  • Deductibility of Contributions
  • S-Corporation Tax Advantages
  • Ongoing ESOP Considerations
About The Presenters

Greg M. Daugherty
  • Partner in the office of Porter Wright Morris & Arthur LLP, Columbus, Ohio
  • Practice emphasizes all aspects of executive compensation and employee benefits
  • Conducts regular seminars and workshops on numerous executive compensation and employee benefits
  • Wrote several publications related to the areas of executive compensation and employee benefits
  • Member, American Bar Association; member, Columbus Bar Association and chairman of Employee Benefits Committee, 2011 to 2013; listed in the Ohio Super Lawyers Rising Stars Edition, 2009 and 2014; and licensed in Ohio
  • J.D. degree, The Ohio State University Moritz College of Law; B.S. degree in accountancy and economics, Miami University
Richard P. McHugh
  • Vice president, Washington Affairs for the Plan Sponsor Council of America, a leading employee benefits advocacy group and of counsel in the law firm of Porter Wright Morris & Arthur LLP, Washington. D.C. office
  • Practice emphasizes all aspects of all aspects on employee practice, including retirement, health care and executive compensation and including public advocacy related to such matters
  • Participated in numerous seminars and webinars on retirement, health care and executive compensation topics including speaker at IA Compliance Best Practices Summit “ERISA: From Fiduciary Duty to Disclosures,” Washington, D.C.; speaker, Plan Sponsor Council Of America 67th Annual National Conference; “Impact of Mergers &Acquisitions on Retirement Plans”, Miami, Florida; and co-speaker, Pensions & Investments East Coast Defined Contribution Conference “How Investment Decision-Making Is Altered by the Evolving Fee Landscape,” Miami, Florida
  • Wrote several publications related to the areas of employee benefits (covering retirement, health care and executive compensation matters and related humans resource matters), including co-wrote, BNA Tax Management Portfolio #364, “Qualified Plans - Treatment in Mergers, Acquisitions and Other Corporate Transactions”; co-wrote, Application of Code Section 409A to Employment Relationships: Tax Law Meets Employment Law” Compensation and Benefits Review; and Defined Contribution Insights, Plan Sponsor Counsel of America, “A Primer on the Approach to Retirement Plan Negotiations”
  • Member of the District of Columbia Bar Association; American Bar Association, Tax Section and Employee Benefits Committee; member, Southern Employee Benefits Conference, president, 2001; American Benefits Council, Retirement and Investment Policy Committee; listed in the Best Lawyers in America® in the area of employee benefits (ERISA) law; and listed in the Washington D.C. Super Lawyers, employee benefits
  • J.D. degree, Georgetown University Law Center; A.B. degree in economics, Georgetown University
ESOPs - A Valuable Tool For The Closely-Held Business
Available on CD format
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