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Process of ESOP Issue The issue of ESOP is governed by Section 62(1)(b) of the Companies Act of 2013 and Rule 12 of the Companies (Share Capital and Debentures) Rules of 2014 (the ?Rules?).
An ESOP is an employee benefit plan that enables employees to own part or all of the company they work for. at fair market value (unless there's a public market for the shares). So, the employee receives the value of his or her shares from the trust, usually in the form of cash.
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.
An employee stock ownership plan (ESOP) is a retirement plan in which an employer contributes its stock to the plan for the benefit of the company's employees.
But all ESOPs are federally regulated by the Employee Retirement Income Security Act of 1974 (ERISA) and must comply with regulations enforced by the Internal Revenue Service (IRS) and Department of Labor (DOL).
An ESOP trustee manages and controls the ESOP and has a fiduciary duty to the plan's participants?the employees.
Contributions may be in cash, in company stock shares, or both. ESOP rules and regulations are established under the Employee Retirement Income Security Act (ERISA) of the Department of Labor and the IRS' Internal Revenue Code section 404(a)(3).
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.