New Mexico Employee Stock Ownership Plan of Aura Systems, Inc.

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US-CC-24-256
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This sample form, a detailed Employee Stock Ownership Plan document, is a model for use in corporate matters. The language is easily adapted to fit your specific circumstances. Available in several standard formats.
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FAQ

The ESOP may make the distributions in either stock or cash provided that the participant is given the option to demand the distribution in employer stock. This right must be communicated at the time a distribution is payable.

ESOPs are required to distribute payouts no later than a certain time after an employee leaves the company. Distribution begins: One year after the close of the plan year in which a participant leaves the company due to retirement, disability, or death.

There are many advantages to ESOPs, including the following: Flexibility: Shareholders have the option of withdrawing funds slowly over time or only selling a portion of their shares. They can stay active even after releasing their portion of the company.

ESOP as an Exit or Succession Planning Strategy An exit strategy that involves an ESOP is more of a business succession strategy than a clean break. By selling the company to employees, owners essentially get to choose their buyers and they get to leave a legacy to their employees.

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.

Distributions when you leave the company If you retire or terminate employment, you may be eligible to take distributions from your ESOP account vested balance. If the balance is $5,000 or less, it will often be paid in a lump sum.

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.

After the employee terminates, the company can make the distribution in shares, cash, or some of both. Cash is paid to the employee directly. Often, company shares are immediately repurchased by the ESOP, and the employee receives cash equivalent to fair market value as determined by the most recent annual valuation.

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New Mexico Employee Stock Ownership Plan of Aura Systems, Inc.