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The ESOP Participant’s Guide to ESOP Funding Rules

Posted by Michelle Buckley on Sep 24, 2020 11:34:00 AM

ESOP employee stock ownership plansOpening an employee stock ownership plan (ESOP) may not be easy, but it should be exciting. Being able to invest directly into your business while providing your employees and owners with retirement benefits is the best of both worlds.

Once you’ve made your decision, you have the sticky topic of funding to nail down. And while plans vary from company to company, there are general ESOP funding rules to follow. ESOP funding rules are designed to assure the plans benefit employees fairly and broadly.

To determine your best funding option, conduct a feasibility study. Feasibility studies can be full-blown analyses by consultants or simple in-house projections, but they should assess whether an ESOP is, well, feasible for your organization. An outside consultant is best equipped to give you an accurate picture of what you’re signing on for. They will utilize market research, financial forecasts, and anecdotal evidence to make their recommendations, so you should find a professional you trust.

Funding Options

If a feasibility study concurs that an ESOP is the right path forward, you can move on to your funding concerns. ESOPs can be funded in many ways.

1. Self-Funded

ESOPs can be funded by the company directly. First, the company can simply contribute shares to the ESOP. They can do this by issuing more shares or by contributing those that are outstanding. Alternatively, the company can allocate liquid assets to the trust – typically cash – so that the ESOP can purchase shares using those reserves.

Contributing cash is a simple funding solution, and employers can deduct their contributions in the plan year they make the payment. Unfortunately, many companies find it difficult to self-fund with cash at the onset. ESOPs are costly at their inception when the plan’s trust incurs start-up costs and builds reserves to support future stock purchases.

2. ESOP Loans

ESOPs can borrow money directly. Banks commonly administer loans to ESOP trusts and hold the purchased shares as collateral. ESOPs can also borrow money from a selling shareholder or a current owner. This “IOU” will sit on the trust’s books until the ESOP repays the loan, after which the purchased shares will be allocated to participant accounts. These types of ESOP loans are known as leveraged ESOP transactions.

3. Business Loans

Some entities find success incurring business debt to help finance their ESOPs. Instead of the ESOP borrowing money directly, the business will borrow money and then lend that money to the ESOP. In these indirect loans, the organization acts as a middleman between the lender and the ESOP. The bank typically holds the purchased shares as collateral, but there are some instances where it holds other business assets as collateral.

Funding Concerns

Before you can select the best funding method (or combination of funding methods) for your ESOP, work with a professional to gather all relevant information. If you approach a bank on behalf of your company or ESOP, they will want to know your:

  • Historical financial performance
  • Current cash position
  • Succession plans
  • Industry threats
  • Repurchase expectations
  • Current debt amounts
  • Anticipated turnover

And most importantly, they will want to see your ESOP plan document to understand the buyout rules, vesting schedules, and timelines.

If you have further questions about your ESOP, ESOP funding rules, or ESOP loan requirements and would like to talk to one of our advisors, contact us today.

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Topics: Benefit Plan Advising & Auditing, ESOP

Michelle Buckley

Michelle Buckley

Michelle Buckley is a Vice President in Meaden & Moore’s Assurance Services Group with 23 years of public accounting experience.