Perhaps you’ve looked into selling your company to a competitor or private equity and aren’t thrilled with what that will do to your employees after the transaction closes. Or perhaps you’re hoping to transfer what you’ve built to your next-generation of leadership, but still want to have some influence on the company? An ESOP may be the answer you’re looking for.
have an ESOP and are looking for an external Trustee?
So you already have an ESOP but are looking for an external Trustee? Perhaps you’ve been using an internal Trustee but are concerned about whether you’re doing it correctly. Are we doing this right? What are we missing? How much liability am I taking on? Or perhaps you’ve been using an external Trustee, but it’s not working out.
You’ve been ESOP-owned for awhile now, but just received an offer from another company to purchase yours. What now? Do I have a duty to the ESOP participants to look into it? How do I know if it’s a good offer or not? What if we accept the offer and they don’t take the ESOP with it? What am I supposed to do with the ESOP?
The trustee’s role is to ensure that the transaction is executed in accordance with the terms of the trust or other legal instrument, and that the interests of the beneficiaries are protected throughout the process. This may involve managing the distribution of assets, negotiating with third parties, or overseeing the completion of a specific project.
An ongoing ESOP trustee is responsible for managing an employee stock ownership plan (ESOP) over an extended period of time. Their primary duty is to ensure that the ESOP is operating in accordance with all legal requirements and in the best interest of the participants and beneficiaries of the plan.
An independent fiduciary can be appointed to a qualified retirement plan including ESOPs in order to carry out the decisions listed under ESOP Trustee. This allows the company as plan sponsor to maintain internal trustees but have the benefit of a qualified, experienced professional handle various discretionary duties and direct the trustee(s).