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The Companies Act of 2013 regulates corporations and allows for the allocation of shares to company employees. At least 75% of the shares must vote in favour of the ESOP. In certain instances, the corporation offers the employee shares in exchange for their wage at a set price.
A company can set up an ESOT to provide shares to employees. Shares can be retained in the trust for up to 20 years. To date, ESOTs have mainly been set up by State and semi-State bodies. An ESOT is normally set up in conjunction with an Approved Profit-Sharing Scheme (APSS).
The primary difference is that an ESO is a compensation plan and employee benefit, whereas an ESOP qualifies as a retirement plan, such as a 401(k). With an ESOP, employees don't purchase shares with their own money, while ESOs allow employees to use their money to buy company shares at a discounted rate.
An Employee Stock Ownership Plan (ESOP) is an individual stock bonus plan designed specifically to invest in the stock of the employer corporation. An ESOP may be either nonleveraged or leveraged. An Employee Stock Ownership Trust (ESOT) is the entity responsible for administering the ESOP.
An ESOP must be designed to invest primarily in qualifying employer securities as defined by IRC section 4975(e)(8) and meet certain requirements of the Code and regulations. The IRS and Department of Labor share jurisdiction over some ESOP features.
ESOP participants may have the right to vote on significant matters, such as mergers, sale of assets of the company, Board of Director elections, and more. The voting rights are exercised by the Trustee of the ESOP, who represents the collective interests of the employee-owners.
Unlike an ESOP, an EOT doesn't allocate shares to employees ? and therefore, it's not obligated to repurchase shares when employees depart. That eliminates the financial obligation of stock repurchases, which an ESOP has to plan and account for.
The most notable difference between an ESOP vs ESPP is in how the employee receives the stock and when they can sell the stock. ESOPs provide the stock or shares at no cost to employees. ESPPs require participants to contribute funds to purchase shares of stock, though at a discounted rate.
ESOP rules set a limit of 25% of salary as the maximum amount that can be contributed to a participant's account annually, though most companies contribute between 6-10% of salary annually. The 25% is a combined limit that includes ESOPs, 401(k)s, profit sharing, and stock bonus plans offered by the company.
How Do You Start an ESOP? To set up an ESOP, you'll have to establish a trust to buy your stock. Then, each year you'll make tax-deductible contributions of company shares, cash for the ESOP to buy company shares, or both. The ESOP trust will own the stock and allocate shares to individual employee's accounts.