Employee Stock Ownership Plans

DeWitt Ross & Stevens has handled all aspects of Employee Stock Ownership Plans (ESOPs), from inception to termination and everything in between. We have worked with ESOPs of small businesses (fewer than 25 participants) and very large corporation ESOPs (with thousands of participants). Because all ESOPs are governed by federal law (ERISA), we are able to represent ESOP companies in our home state of Wisconsin and on a nationwide basis.

We have developed an educational video called "ESOPs: Not Fables, Real Options for Succession Planning." This video is intended for business owners and their advisors and explains why selling to an ESOP is sometimes a perfect "win-win" for the business owner and the business itself.

Click on the box below to view.

Here is a non-exhaustive list of the services that we provide with respect to ESOPs:

  • Counseling on fiduciary responsibilities as an ESOP Trustee;
  • Preparation and amendment of ESOP plan documents, summary plan descriptions, distribution policies and other plan-related documents;
  • Preparation of loan documents related to ESOP exempt loans;
  • Counseling on ESOP tax consequences, including S Corp and Section 1042 elections;
  • Preparation of IRS ESOP filings for determination letter requests and formal correction requests through the IRS’s correction programs;
  • Counseling on ESOP feasibility;
  • Counseling on ESOPs in third-party merger and acquisition situations; and
  • ESOP litigation services.

Our attorneys have developed relationships with other service providers that are necessary to establish and maintain an ESOP, including valuation experts, record keepers, third party administrators, accounting firms and lenders. We are able to recommend service providers when requested, and are also able to work seamlessly with service providers with whom the client already has a relationship. Whether your company is based in Milwaukee, Madison or beyond, our ESOP attorneys are ready to serve you.

If you would like more information or want to discuss the feasibility of an ESOP for your company, submit a contact form here or contact Brian L. Anderson bla@dewittross.com, 608-252-9340 or Timothy L. Stewart tls@dewittross.com 262-754-2869.

Our Locations

Madison Two East Mifflin Street, Suite 600 Madison, WI 53703 Get Directions

Metro Milwaukee 13935 Bishop's Drive, Suite 300 Brookfield, WI 53005 Get Directions

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