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Employee Ownership Blog
Corey Rosen

Corey Rosen

North Carolina Bill Would Allow Certain ESOP Companies to Qualify for Contracting Preferences

A new bill in the North Carolina Senate would allow ESOP companies to qualify for state contracting preferences based on ownership by historically disadvantaged groups. Currently, ESOP-owned companies do not qualify for any contracting preferences in federal or state programs aimed at historically disadvantaged groups because the legal owner of the ESOP is a trust, not a qualifying individual or individuals.


Corey Rosen

Colorado Employee Ownership Legislation Signed into Law

Governor Jared Polis of Colorado has signed HB24-1157, a bill that provides statutory authority for the Colorado Employee Ownership Office, which Governor Polis created in 2020 through an executive order. The office provides technical assistance, coordinates with other agencies, and conducts outreach. The bill would make the office permanent and expand prior tax credits for the costs of converting to or expanding an employee ownership plan. The law provides a refundable tax credit for up to $50,000 of the costs of setting up an employee ownership plan, defined as an ESOP, employee ownership trust, worker cooperative, or equity grants or rights given directly to at least 20% of a company’s workforce where those workers hold 20% or more of the company’s fully diluted securities. Conversions to other qualified forms of employee ownership now also qualify for a credit of up to 50% of the costs, up to a maximum credit of $25,000. The law also provides a tax credit of 50% of the costs, up to a maximum credit of $25,000, for a qualified employee-owned business expanding its employee ownership stake by at least 20%.


Corey Rosen

Spate of Lawsuits Challenges ESOP Cash Investment Policy

In the last three months, four lawsuits have been filed against ESOP companies for imprudently investing their cash assets in low-yield investments. These are the first lawsuits ever filed on this topic. The suits are at ESOP companies Aluminum Precision Products, Pride Mobility Products Corp., Aerotech Inc., and Wilson Electric Services Corp. and all were filed by the same law firm, Engstrom Lee.



Corey Rosen

Employee Ownership Making Strides in South Africa

At the Inaugural Employee Share Ownership Conference in South Africa on April 23, leaders from government, unions, and business convened to review the progress made in spreading broad-based employee ownership in South Africa and what might be done to move it forward.


Corey Rosen

Wisconsin Bill Would Provide Tax Incentives for Employee Ownership Feasibility and Conversion

Wisconsin Assembly Bill 1217 would have provided that the “Wisconsin Economic Development Corporation may certify a business to claim a nonrefundable income tax credit for an amount equal to 70 percent of costs related to converting the business to a worker-owned cooperative or 50 percent of the costs related to converting the business to an employee ownership trust or an employee stock ownership plan. The credit is limited to a maximum amount of $100,000.” The bill would also have provided a state capital gains tax exemption for sales to ESOPs, worker cooperatives, or employee ownership trusts.


Corey Rosen

Bipartisan Bill Extends ESOP Company DoD Procurement Program to All Agencies

In 2022, the National Defense Authorization Act created the first-ever government contracting program to specifically encourage ESOPs. Section 874 of the new law created a Department of Defense (DoD) pilot program to allow companies that are or become 100% ESOP-owned to receive noncompete follow-on contracts for their work. The award is contingent on finding that the contractor’s performance is satisfactory or better. The program will run for five years, and the Government Accountability Office is required to provide an assessment of it within three years of the program’s enactment.


Corey Rosen

Twenty-Eight of the Largest 200 Private Companies Have EO or Similar Plans

By my estimation, twenty-eight of the Forbes 200 largest private companies (by revenue) appear to be partially or wholly employee-owned or have employee ownership-like plans. Two are companies with profit-sharing plans invested in company stock, one is a broad-based partnership, one offers phantom stock to all employees, one is an ownership trust, one grants stock awards, eight are minority-owned by ESOPs, and fourteen are majority-owned by ESOPs: