Who are ESOP fiduciaries, what are their responsibilities and how do they get appointed?
Any person with discretion over the management or administration of a plan, or who exercises any authority or control over plans assets, is a fiduciary under ERISA. The ESOP trustee, or any other person or committee designated in the plan documents as responsible for making investments in company stock, is a named fiduciary. ERISA requires... Read More
Who votes the shares held in the ESOPs?
The Code requires that company stock in the ESOP must have full voting rights. In non-public ESOP companies, voting rights on shares allocated to ESOP accounts must be passed through to ESOP participants for votes on major corporate matters such as a merger or consolidation, recapitalization, reclassification, liquidation, dissolution, or sale of substantially all of... Read More
Corporate Governance of ESOP Companies
Corporate Governance of ESOP Companies Without the founding entrepreneur steering the ship, ESOP companies’ corporate governance is of paramount importance. In this webinar, you will learn: the roles of trustees, directors and officers, how corporate governance affects value, and best practices for corporate governance in ESOP companies. Presented by Steven B. Greenapple, Shareholder – Steiker, Greenapple,... Read More
DOL Investigations of ESOP Companies
DOL Investigations of ESOP Companies What triggers a DOL Investigation? How should you respond to an investigation notice? Steve Greenapple addresses these and other questions, from the steps involved from first notice to resolution, to the problems with which the DOL is concerned. Presented by Steven B. Greenapple, Shareholder – Steiker, Greenapple, & Fusco, P.C. Read More
ESOP Legal Pitfalls
ESOP Legal Pitfalls Whether you have recently adopted an ESOP, have been an ESOP company for years, or are now looking to implement an ESOP transition strategy, this webinar provides useful information on how to identify – and avoid – common red flags in your ESOP transaction documentation and plan operation. Read More
ESOP Fiduciary Committees
ESOP Fiduciary Committess Co-authored by Jim Steiker, this article reviews the legal standards that govern ESOP committees. Published 2004 in the Journal of Employee Ownership Law and Finance Is an ESOP right for your company? Use our ESOP self-assessment tool to find out. Explore various Ownership Transition Options or replay our Introduction to ESOPs webinar. If you would... Read More
ESOP Participants and Shareholder Rights
ESOP Participants and Shareholder Rights Jim Steiker wrote this chapter from the book “ESOPs and Corporate Governance.” Is an ESOP right for your company? Use our ESOP self-assessment tool to find out. Explore various Ownership Transition Options or replay our Introduction to ESOPs webinar. If you would like further information about ownership transition options, please contact us. SES... Read More
Legal Update Steve Greenapple addresses breach of fiduciary duty and federal common law fraud by participants who transferred their 401(k) account balances to an ESOP, against the sponsor of the Plans, fiduciaries of the Plans and the ESOP’s financial advisor. Published September 2012 in The ESOP Association’s ESOP Report Is an ESOP right for your company? Use... Read More