November 11th, 2019
Menke was formed upon passing of ERISA on Labor Day 1974 to enable business owners to sell their companies to their employees through an Employee Stock Ownership Plan, or ESOP. 45 years later, our mission remains the same: to make employee ownership available to the largest number of employees. We relate with our clients on a personal level, since we are employee-owned.
Victor Alam, Corporate Counsel for Menke, will discuss diversification options for participants of ESOPs. In plain language, diversification provisions allow eligible participants of an ESOP, to divest from their ESOP account and rollover the proceeds to another qualified retirement plan, such as a 401k, on a tax-free basis. This session will review the statutory diversification requirements and the practical implementation of those provisions, and will walk through example diversification calculations. The session also will discuss current trends for more liberal ESOP diversification provisions beyond what is statutorily required (also known as “extra” or “super” diversification).
As an attorney, Victor specializes in the design and installation of ESOPs, as well as the structuring of ESOP transactions. He has extensive experience advising clients on plan administration issues, ERISA fiduciary matters, Internal Revenue Service & Department of Labor compliance issues, as well as corporate mergers & acquisitions involving ESOPs. He has been with Menke since 1991 and has been involved in hundreds of ESOP transactions. Victor is a frequent speaker and author on all aspects of ESOPs. He is a member of the California Bar Association, Legislative & Regulatory Advisory Committee of the ESOP Association, and the NCEO. He has also conducted ESOP training classes for the Employee Plans Division of the Internal Revenue Service.
Visit the Menke Booth
Stop by our booth to talk ESOPs with us. Whether its ESOP administration, ESOP valuation, share repurchase obligations, a feasibility study or a second stage transaction, we love to talk ESOPs with you. Learn how we deliver value through our expertise and holistic approach.
About ESOPs
ESOP is an acronym that stands for Employee Stock Ownership Plan. The purpose of an ESOP is to enable employees to acquire a beneficial ownership in their Company without having to invest their own money. As such, they are primarily used for business succession or employee benefit purposes. ESOPs enjoy several tax advantages over their non-ESOP counterparts. According to the NCEO, there are currently around 7,000 ESOP plans in the U.S. According to several studies, ESOP’s often enjoy higher productivity and lower turnover compared to non-ESOP companies.
About Menke
Menke & Associates was formed in 1974, upon the passing of ERISA. John Menke, President of Menke, co-authored the ESOP legislation under ERISA, which codified them into law. Menke has enabled over 3,500 companies to successfully transition to employee ownership. The only single source ESOP advisor, we proudly call ourselves The Nation’s Premier ESOP Advisor. Our comprehensive ESOP platform provides everything you need to setup and maintain an ESOP, including Structuring, Legal & Tax Compliance, Valuation, Repurchase Obligation Studies, Documentation, Debt Capital Raising, Employee Communication, and Administration.