ESOP Transactions

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).