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The company establishes the ESOP trust as the creator or settler. The trust involves various parties, including the settler, trustees responsible for managing the trust, and the beneficiaries i.e. the eligible employees. It is treated as a private trust and its registration is not mandatory, unlike some legal entities.
An ESOP is an employee benefit program under which employer stock is transferred to individual employee accounts within a tax-exempt trust.
Creating an ESOP typically takes anywhere from six to nine months. Some plans have been set up in several weeks, while others can take as long as two years.
Costs to start up an ESOP are substantial, ranging from $15,000 to $100,000 and more. These costs include setting up a trust, which buys and holds ESOP stock. Valuations must remain current. An ESOP can buy only fairly valued stock, best appraised by a qualified appraiser.
An employee share ownership trust (ESOT) is a stock program that allows for the acquisition of a company's shares by its employees. An ESOT works through a profit-sharing scheme and a trust that acquires the shares. Employees and the company can benefit through tax incentives by using an ESOT.
An Employee Stock Ownership Plan (ESOP) is an individual stock bonus plan designed specifically to invest in the stock of the employer corporation. An ESOP may be either nonleveraged or leveraged. An Employee Stock Ownership Trust (ESOT) is the entity responsible for administering the ESOP.
In a leveraged ESOP structure, an inside loan is established between the company and the ESOP Trust. This inside loan is typically amortized over 15-30 years. Similar to other qualified retirement plans, the company makes cash contributions to the ESOP Trust (up to 25% of the qualified payroll).
How Do You Start an ESOP? To set up an ESOP, you'll have to establish a trust to buy your stock. Then, each year you'll make tax-deductible contributions of company shares, cash for the ESOP to buy company shares, or both. The ESOP trust will own the stock and allocate shares to individual employee's accounts.