Transaction Planning and Structuring
- Evaluating ESOP feasibility for the company;
- Advising on transaction structuring and tax implications;
- Assisting with corporate preparations and reorganizations; and
- Developing innovative financing techniques.
Documentation and Execution
- Preparing and reviewing all necessary transaction documents;
- Drafting ESOP plan documents, equity incentive plans, and trust agreements;
- Creating and negotiating loan documents for ESOP financing.
Tax Planning
- Providing guidance on tax consequences, including S Corp and Section 1042 elections; and
- Preparing IRS filings for determination letters and corrections.
Stakeholder Representation
- Representing various parties involved in ESOP transactions, including Selling shareholders, Companies/plan sponsors, and Management teams.
Post-Transaction Support
- Advising on corporate governance for ESOP-owned companies;
- Assisting with repurchase obligation planning; and
- Providing guidance on subsequent transactions (e.g., mergers, acquisitions, divestitures).
