ESOP Blog

ESOPs and Divorce

So, you’re facing a divorce – something you never thought you’d have to deal with. It seems you’re spending more time in meetings with lawyers than you are sleeping these days. It’s all so complicated.  Trying to equally divide out community property and accumulated marital investments is incredibly difficult – especially when there is a privately-owned business involved comprising a large portion of the value of the community property.

What do you do when one spouse wants to remain at the helm of the business and the other wants to be cashed out of their share?  Sometimes there just isn’t enough liquid capital for an off-the-cuff buyout.  In that case, what’s the solution?

It can seem to be an unsolvable problem when the divorcing spouses cannot come to an equitable decision.  Selling half of the business usually is not an option, but at the same time, you can’t take blood from a stone.  You just don’t have the cash for a buyout that would allow a clean parting of the ways.

Is there a compromise that can work for both parties?

The answer, thankfully, is yes.

An Employee Stock Ownership Plan might be the perfect solution.  There are definite benefits to considering an ESOP in spousal asset division.  From a business perspective, choosing this option can provide significant bonuses for both parties.  It is a flexible answer to a challenging problem.

To find out more about how an ESOP can help you with dividing your marital business assets equitably, check out our blog at http://www.bsllp.com/esops-can-provide-liquidity-to-facilitate-division-of-a-family-owned-business-upon-divorce.

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EBOOK – ESOPs: Myths, Methods, and Mistakes

  • How it works
  • The ins and outs of ESOPs
  • Common misconceptions explained
  • Tips and tricks
  • Risks vs. rewards
  • How to avoid common mistakes

As baby boomers toe the retirement line, company ownership and succession planning becomes a necessary topic on the discussion table. There isn’t always an easy answer here – all business owners have different priorities when it comes to handing over the reins – but some options are more elegant and effective than others. ESOPs, or employee stock ownership plans, provide a compelling alternative, selling company ownership to employees while also offering an avenue for corporate financing and business perpetuation.

Click to download the full eBook in PDF format.

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EBOOK – ESOPs: Myths, Methods, and Mistakes

  • How it works
  • The ins and outs of ESOPs
  • Common misconceptions explained
  • Tips and tricks
  • Risks vs. rewards
  • How to avoid common mistakes

As baby boomers toe the retirement line, company ownership and succession planning becomes a necessary topic on the discussion table. There isn’t always an easy answer here – all business owners have different priorities when it comes to handing over the reins – but some options are more elegant and effective than others. ESOPs, or employee stock ownership plans, provide a compelling alternative, selling company ownership to employees while also offering an avenue for corporate financing and business perpetuation.

Click to download the full eBook in PDF format.

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ESOP – Five Disastrous Mistakes

No matter how much you love your work, there comes a time when you need to slow down a little and start considering retirement. Your business has functioned for many years with you at the helm, and it’s hard to imagine a time when you are not in full control.  And yet, you know you have to plan for the future of your business, and that future involves a successor.

It’s scary thinking about moving on and leaving your “baby” in the hands of another.  There are a lot of options to consider, and you’re scared to make a mistake.

There are definitely pitfalls to avoid in setting up your business succession plan.  You’ve eliminated most of them but putting in the hours and the research to ensure you’ve chosen a strategy that is the best fit for your thriving business.  That’s a great first step.  And that first step is making use of ESOPs to help take your company into the future. You can definitely see how this particular plan will benefit all parties if it is implemented correctly.

But you do worry about how smoothly transitioning ownership will go.  You want to put the same effort into your business succession plan as you did into the building of your company.  It took great care to get you where you are today, and you are committed to putting that same care into its tomorrow.

In this article, you will learn about five mistakes to avoid as you incorporate ESOPs into your business.

Click to read the rest of the article on the GBH website.

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Get Your ESOP to the Finish Line in 5 Steps

So, you’ve been giving a lot of thought to your business succession plan, and you’ve put many hours and sometimes sleepless nights into the research process. There are a lot of options to consider, and you’re starting to formulate a strategy that feels right to you.

It takes a long time to wade through the various scenarios that might be best suited to your personal business situation.  Unfortunately, retirement planning takes just that—a ton of planning!  But you’re off to a great start—you know that an ESOP is a right fit for you.

ESOPs provide a wonderful way for a CEO to transition from a very active role to a more passive one.  Employees opting into an ESOP gain a real feeling of ownership, pride, and teamwork.  It’s a win-win situation for all involved.

Seeing the benefits to all parties involved was easy for you.  But trying to actually implement ESOPs into your business?  Not so much.

It’s easy to become overwhelmed by what appears to be an insurmountable task.  The sheer amount of logistical paperwork seems like a nightmare!  But like anything worth tackling, it becomes less intimidating when broken down into simple, manageable steps.

In this article, you will discover five straightforward steps to take your ESOP from just a concept to a reality.

Click to read the rest of the article on the GBH website.

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Myths about ESOPS

Business succession planning is a hot topic amongst enterprise owners today. You spent a lifetime building a company and took great care to make it the success that it is. You want to take the same amount of care in planning its transition from you at the helm to your chosen successor/s taking full control.

You’ve done your homework—you know what options are available to you.  You know you don’t want to sell the business, and you also don’t want to close it.

And you’ve taken care to choose someone you really feel just “gets” your business and can take it into the future.

One of the options you’re strongly considering is an Employee Stock Ownership Plan or ESOP.  But… you’re not entirely certain how it works or even if it’s the right plan for you.

You have a lot of questions.  Will this type of plan be attractive to my employees?  Will I have to give up too much control too soon?  Would it be fiscally wiser for me to consider an outright sale to a third party?  How much of my company’s confidential financial records do I have to expose to shareholders?

These are good questions.  A wise company owner considers every angle before making such an important decision.

Check out our blog at http://www.gbhcpas.com/blog/esops-debunking-the-top-5-misconceptions to discover the five most common misconceptions about ESOPs.

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Facing retirement, but not sure of the next steps for business transition?

You’ve spent your life building your business. You wear your successes and life lessons on your sleeve with pride. Yet with each ticking of the clock, you realize that time is passing by and that you must prepare for a future where you take on a different role in regard to your company as you pass the reins to your successor.

Where to start?  That’s the big question!  The idea of trying to prepare to leave something that you’ve invested so much into is tough to wrap your mind around.  Breaking it down into manageable steps can seem overwhelming.

The truth is there is that there is no cookie cutter answer.  Every business must prepare for its founder(s) to move away from an active role and for new leadership to step in.  But what this looks like for each company will be as unique as the products and services each offers.

In seeking the right exit strategy for you, there are many options to consider.  Some are better suited to your company’s specific needs than others.  Here you will find a list of four directions forward for your business on the road to a successful transition as you prepare for your retirement years.  Read more at: http://www.gbhcpas.com/blog/4-valuable-strategies-for-business-succession-planning

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Looking forward to retirement, but not sure what to do with the business?

As much as you love your businesses, you must admit that retirement is an attractive idea. You dream of relaxed mornings sipping coffee by a roaring fire or leisurely reading the newspaper on a sunny day with nothing calling us to abandon your leisure and get to work.

It can happen.  For many of us, it will happen soon.  But before we can fade into the glorious sunset of retirement, we have a job to get done.

We have to deal with the next step – what to do with the business.

Maybe you can’t yet imagine your business without you at the helm.  It’s definitely hard to do.  You’ve invested your life in the development of this entity.  But whether you have five years or fifteen years before retirement, it’s important to start putting processes in place to ease the transition from a corporation you are 100% hands on with to a business that will become the responsibility of your successors going forward.

You need to start developing your exit plan.

No two businesses are exactly the same, and the design of your exit strategy will be as unique as the service that you provide.  Here are four simple business succession concepts to consider in preparing your retirement plan.

Read more at http://www.gbhcpas.com/blog/4-valuable-strategies-for-business-succession-planning

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Butterfield Schechter Receives Ranking in 2017 Edition of “Best Law Firms” by U.S. News

Butterfield Schechter Receives Ranking in 2017 Edition of “Best Law Firms” by U.S. News

ESOPmarketplace.com is pleased to congratulate Butterfield Schechter LLP on receiving a San Diego Tier 1 ranking in the 2017 Edition of U.S. News – Best Lawyers “Best Law Firms” in the area of Employee Benefits (ERISA) Law practice.

The professional excellence of the firms listed is recognized by favorable ratings from both clients and peers. Butterfield Schechter has been included in “The Best Law Firms in America©” since 2015.

The “Best Law Firms” rankings – which indicate a combination of quality practice and legal expertise in firms ranked – feature the top firms as recognized by clients and peers for delivering professional excellence and high-quality ratings.

About Butterfield Schechter LLP

Butterfield Schechter LLP is San Diego County’s largest firm focusing its law practice primarily on employee benefit plan matters. Butterfield Schechter LLP was founded in 1998 by Robert K. Butterfield and Marc S. Schechter. The attorneys at Butterfield Schechter LLP are dedicated to providing top-quality legal service tailored to clients’ needs. With a broad-based clientele, including corporations, individuals, partnerships, limited liability companies, joint ventures, qualified retirement plans, nonprofit organizations, and government agencies. Our commitment to excellent service and our combined experience fosters positive and efficient solutions for clients. The firm’s persistent effort to prevent legal problems from occurring encourages the development of long-term client relationships. At Butterfield Schechter LLP, we take pride in offering comprehensive legal assistance in the areas of estate planning, employee benefits, tax and corporate law, and ERISA litigation.

For more information, visit www.bsllp.com.

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Marc S. Schechter Named 2017 Super Lawyer for Fifth Year

ESOPmarketplace.com is pleased to congratulate Butterfield Schechter LLP partner Marc S. Schechter. He has been featured in the 2017 San Diego Super Lawyers list for a fifth year. This is a significant honor and a recognition of his consistent professionalism.

Mr. Schechter, who specializes in employee benefits, ERISA, and business matters, with special emphasis on ESOP transactions, is admitted to practice before the courts of California and New Jersey; the United States District Court for the Southern and Central Districts of California; the United States Tax Court; the Ninth Circuit of the United States Court of Appeals; and the United States Supreme Court. He is a member of the Employee Benefits-Taxation Section, State Bar of California; Taxation Section, San Diego County Bar Association; and a former member of the Legislative and Regulatory Advisory Committee, ESOP Association of America.

About Super Lawyers
Super Lawyers is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high-degree of peer recognition and professional achievement. The multi-phased selection process includes independent research, peer nominations and peer evaluations.

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