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Employee Stock Ownership Plans (ESOPs)

When used appropriately, ESOPs can provide significant business succession planning and tax benefits.

Holland & Hart helps to optimize ESOPs in alignment with clients’ business goals. We counsel ESOP-owned corporations as well as ESOP fiduciaries, and we work in tandem with the company's and the ESOP's legal and other advisors in a coordinated and cohesive manner. 

Our team provides advice regarding existing ESOPs or, under the right circumstances, can create an ESOP and structure a transaction that transfers ownership from existing stakeholders to the plan. When a client is considering partial or total ownership through an ESOP, we can help determine whether it’s the right solution for their business. If it is, we provide counsel on how to best structure the transaction. 

Guiding clients at every stage of a transaction, our team includes legal practitioners with specialized experience in mergers and acquisitions, employee benefits, tax, corporate law, banking, and financing matters. These transactions include leveraged buyouts, redemptions, corporate stock repurchases, and private equity transactions. Post-transaction, we advise the ESOP-owned corporation or ESOP fiduciaries on their ongoing operational issues, compliance, and fiduciary responsibilities. 


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