ESOP Transactions and Compliance Issues: Structuring Options, SECURE 2.0, IRS Expanded Focus, Fiduciary Liability
Note: CPE credit is not offered on this program
A live 90-minute CLE video webinar with interactive Q&A
This CLE course will provide ERISA counsel, ESOP trustees, selling shareholders, and plan sponsors guidance on employee stock ownership plan (ESOP) transactions and compliance issues in light of the recent IRS notice on ESOPs. The panel will discuss (1) rules and procedures governing fiduciary duties of trustees in ESOP transactions, (2) the SECURE 2.0 provisions applicable to ESOPs, (3) the recent IRS News Release on ESOPs, and (4) best practices in satisfying fiduciary duties in ESOP transactions and avoiding litigation.
Outline
- Overview of rules and procedures governing fiduciary and compliance duties of trustees and advisers in ESOP transactions.
- The SECURE 2.0 ESOP provisions applicable to ESOPs
- The recent IRS guidance on ESOPs
- Best practices in satisfying fiduciary duties in ESOP transactions and avoiding litigation
Benefits
The panel will discuss these and other key issues:
- Navigating SECURE 2.0 rules affecting ESOPs
- Understanding the recent IRS stance on ESOPs
- Recognizing rules and procedures governing fiduciary duties of trustees in ESOP transactions
- Understanding best practices in satisfying fiduciary duties in ESOP transactions and avoiding litigation
Faculty
Renee Lewis
Shareholder
Polsinelli
Ms. Lewis brings over twenty years of experience in Employee Stock Ownership Plan (ESOP) transactions to her... | Read More
Ms. Lewis brings over twenty years of experience in Employee Stock Ownership Plan (ESOP) transactions to her national practice. Her extensive experience spans the full spectrum of ESOP matters, including new formations, the sale of companies, the financing and structuring of transactions and strategic advisory services for companies navigating complex transactions and life as an ESOP company. Ms. Lewis has a proven track record of representing a diverse array of clients on ESOP transactions and related matters, including financial institutions, corporations, private equity firms and independent fiduciaries. Her practice encompasses a wide range of transactions, including mergers, leveraged buy-outs, corporate reorganizations, owner succession transactions and management buy-outs. Ms. Lewis is adept at structuring and financing ESOP transactions, ensuring that each deal is meticulously tailored to meet her clients’ unique needs and objectives. She actively participates in the ESOP community and is a regular speaker at the Beyster Institute, University of California San Diego, Rady School of Management and at national and local conferences sponsored by the ESOP Association and the National Center of Employee Ownership.
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David Pardys
Employee Stock Ownership Plans Co-Chair
Polsinelli
Mr. Pardys serves as the Co-Chair of Polsinelli’s nationally recognized Employee Stock Ownership Plan... | Read More
Mr. Pardys serves as the Co-Chair of Polsinelli’s nationally recognized Employee Stock Ownership Plan (ESOP) group. Through his practice, he represents private companies, selling shareholders, financial institutions and independent fiduciaries in all facets of ESOP transactions. Mr. Pardys has a strong commitment to employee ownership and regularly advises mature ESOP companies on sustainability and strategies to maintain a successful employee-owned company. He also works with ESOP companies on sophisticated and complex mergers, acquisitions and other growth strategies. Mr. Pardys handles ESOP transactions in a wide range of industries, including manufacturing, food service, insurance, construction financial services and health care. He possesses an in-depth knowledge about tax-exempt entities, federal tax law and representations before the Internal Revenue Service (IRS) and the U.S. Department of Labor (DOL).
CloseEarly Discount (through 09/19/25)
