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ESOPs give the sponsoring company?the selling shareholder?and participants various tax benefits, making them qualified plans, and are often used by employers as a corporate finance strategy to align the interests of their employees with those of their shareholders.
ESOPs are set up as trust funds and can be funded by companies putting newly issued shares into them, putting cash in to buy existing company shares, or borrowing money through the entity to buy company shares. ESOPs are used by companies of all sizes, including a number of large publicly traded corporations.
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.
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.
Costs to start up an ESOP are substantial, ranging from $15,000 to $100,000 and more. These costs include setting up a trust, which buys and holds ESOP stock. Valuations must remain current. An ESOP can buy only fairly valued stock, best appraised by a qualified appraiser.
Creating an ESOP typically takes anywhere from six to nine months. Some plans have been set up in several weeks, while others can take as long as two years.
Procedure to Issue ESOP A draft needs to be prepared of the ESOP ing to the companies,2013 and Rules. A board meeting notice along with the draft resolution that is to be passed in the board meeting is to be made. The notice of the board meeting is to be sent seven days before the meeting to all the directors.