Skip to main content

Employee Stock Ownership Plans (ESOPs)

Nona K. Massengill Williams Mullen Headshot

The Williams Mullen Employee Benefits & Executive Compensation Practice has the experience and capacity to help public and private employers navigate the complex challenges of managing employee benefits. We work closely with clients on issues involving all areas of employee benefits law, including ESOPs.

We help our ESOP clients create plans that address their business goals while taking advantage of the tax benefits available under the Internal Revenue Code. We steer our clients through the myriad of technical requirements so that the resulting plan meets both client-specific needs and all necessary compliance obligations. Throughout the life of the plan, we provide guidance on plan interpretation and administration, and we help in the amendment of existing plans. If plan termination is necessary, we assist with sensitive employee communication materials and obtain any necessary approvals.

We advise ESOP sponsors and fiduciaries in a variety of industries, including construction, distribution, engineering, financial services, government contracting, manufacturing, and business services.

We also assist non-ESOP clients in matters (e.g., merger and acquisition, lending) where another party to the transaction is an ESOP-owned company.

To stay engaged on changes to the law impacting ESOPs, trends, and practical challenges facing ESOP companies, we are a part of The ESOP Association, the premier organization for ESOP advocacy and education.

We can provide guidance if you are:

  • Considering selling to an ESOP.
  • Considering establishing an ESOP.
  • An ESOP-owned company considering a sale to another entity, merger, or similar transaction.
  • Considering buying, merging with, investing in, or lending to a company that sponsors an ESOP.
  • Undergoing an IRS or DOL ESOP audit.
  • Responding to any other IRS or DOL inquiry relating to an ESOP.
  • Looking for guidance on plan compliance.
  • In need of terminating a leveraged or non-leveraged ESOP.
View More View Less