ESOP Law

This blawg provides information on law affecting employee stock ownership plans.

Author: Sheppard Mullin is an 480-attorney law firm with offices in California, New York, Shanghai and Washington, D.C. It also writes Antitrust Law, Bankruptcy and Restructuring, Corporate and Securities Law, Fashion and Apparel Law, FCC Law, AdBriefs" title="Financial Institution Law">Financial Institution Law, Intellectual Property Law, Labor and Employment Law and Real Estate and Construction Law.

Blawg Related Categories: Benefits/ERISA • Labor & Employment • Legislation & Lobbying • Law Firm

Recent Posts from ESOP Law

Pitfalls In Selling Stock To Fund ESOP Repurchase Obligations - Part II
In the first article on this subject that we recently posted, we considered the administrative and fiduciary issues that arise when an ESOP sells company stock to the company to fund its benefit distributions. The…
Pitfalls In Selling Stock To Fund ESOP Repurchase Obligations - Part I
ESOPs often choose to make benefit distributions in the form of cash, rather than in company stock. Some of these ESOPs obtain the necessary cash by selling company stock to the company. This sale transaction…
ESOPs Impacted by Landmark U.S. Supreme Court Case
The pension plan world is abuzz with last week's U.S. Supreme Court (the "Court") decision in a pension plan case, LaRue v. DeWolff, 552 U.S. ____ (2008). We don't get many decisions by the Supremes…
Treasury Proposes New ESOP Regulations And Invites Public Comment
In January 2008, the IRS published proposed regulations ("Proposed Regulations") under the new ESOP diversification rules of Section 401(a)(35) of the Internal Revenue Code ("Code"). The Proposed Regulations could impact several ESOP provisions of the…
House Ways and Means Proposes New Restrictions on S Corporation ESOPs
H.R. 3970 introduced by Hon. Charles Rangel on October 25, 2007, includes a Section 3701 that would add Section 409B to the Internal Revenue Code. The new provision would create an additional income tax on the…
Timing Problems and Solutions for ESOP Diversification Elections
ESOP DiversificationThe January 1, 2007 effective date of the new investment diversification rules for ESOPs with publicly traded stock got us thinking about the diversification rules that extend to companies whose stock is not publicly…
Thoughts on the Final 409(p) Regulations
In December, the IRS published in final form the long-awaited regulations (“Final Regs”) under Internal Revenue Code (“IRC”) Section 409(p). These regulations were first published in proposed form in 2003, and then again as proposed…
Sheppard Mullin Announces New ESOP Blog
We are pleased to announce that Sheppard Mullin and Larry Goldberg have launched a new blog on Employee Stock Ownership Plans (ESOPs). You can access it at http://www.esoplawblog.com. A blog is an online web journal.…
Pension Protection Act of 2006 ("PPA")
While you may have already seen general descriptions of the PPA, this ESOP Blog focuses on the PPA provisions that relate to ESOPs, and provides some planning considerations for ESOP companies. 1. New, Faster Vesting for ESOPs…