An ESOP is a powerful tool for business succession, offering significant tax advantages and fostering a culture of ownership among employees. Our team provides comprehensive support throughout the entire ESOP lifecycle, from initial plan design to post-transaction compliance.
Kegler Brown’s Employee Stock Ownership Plan (ESOP) practice is a core service deeply rooted in our transactional experience. Our attorneys are profoundly experienced in serving as counsel on all sides of the transaction—as deal counsel to businesses seeking to purchase or divest ESOP-owned business units, as outside general counsel to leadership teams navigating the unique process of transitioning to employee ownership, as counsel to the trustee acting as a fiduciary on behalf of the ESOP’s participants, and as counsel to the senior lender extending credit facilities to fund the transaction. We never lose sight of the mission- creating a smooth and compliant transition that benefits both our client and, ultimately, the company’s employees.
Our Services
We recognize that each ESOP transaction is unique. Our approach is customized to address the specific needs and goals of your business. Our services include:
- Pre-ESOP Strategy + Guidance: assessing whether an ESOP is the right fit for your company, considering financial, operational, and cultural factors
- Structuring the Transaction: designing the optimal structure for your ESOP, including quarterbacking any necessary corporate reorganization, facilitating valuation by trusted advisors in the industry, and considering optimal financing arrangements
- Negotiation + Documentation: negotiating and preparing all necessary legal documents to ensure a seamless transaction
- Regulatory Compliance: ensuring adherence to all relevant laws and regulations, including ERISA and IRS requirements
- Governance: establishing a governance structure that balances employee ownership with effective management
- Financial Management: advising clients with respect to the financial implications of an ESOP
Our multidisciplinary team combines deep knowledge of M+A transactions with dedicated expertise in ESOP transactions and is committed to providing personalized service and strategic advice to help our clients achieve their business goals.
