A legal and financial analysis of ESOP loan refinancings

Article Abstract:

This article examines the law and necessary procedures which employee stock ownership plan (ESOP) managers should follow to refinance ESOP loans. Adherence to proper procedures and fiduciary standards allow fiduciaries to meet ERISA requirements in cases where original loan maturity date forecasts prove to be incorrect.

Taxation, Finance, Fiduciary duties

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Plan sponsor permitted to amend ESOP to determine annual additions based upon fair market value of employer stock

Article Abstract:

This article focuses upon IRS Private Letter Ruling 199929045 allowing an amendment to an employee stock ownership plan (ESOP) to allow annual IRC section 415(c) additions to be valued according to the fair market value of suspense account shares allocated to the ESOP's participants.

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ESOP appraisals from a lawyer's point of view

Article Abstract:

The author discusses the governing rules for employee stock ownership plans valuation.

Management

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