Employee Ownership Blog
Corey Rosen

Corey Rosen

May 17, 2023

Employee Equity Investment Act Introduced in Both Houses with Bipartisan Support

Senators Chris Van Hollen (D-MD) and Marco Rubio (R-FL), along with Representatives Dean Phillips (D-MN) and Blake Moore (R-UT), have introduced the Employee Equity Investment Act (EEIA). The bill would create an investment facility within the Small Business Administration's (SBA's) Small Business Investment Company (SBIC) program to provide loan guarantees for investment funds devoted to expanding employee ownership.

Corey Rosen

May 11, 2023

SBA Adopts New Guidance Making Loans to ESOPs Much Easier

The Small Business Administration (SBA) has taken steps to make loans to ESOPs much easier than under prior rules. The agency had received considerable criticism for issuing requirements for ESOP loans inconsistent with the language and intention of the Main Street Employee Ownership Act (MSEOA). That law was passed in 2018 to remove numerous barriers that made SBA loans or loan guarantees for ESOP acquisitions impractical. The law was also designed to allow ESOPs to qualify for loans under the SBA’s 7(a) program, which allows qualified lenders to process loan applications that can receive SBA guarantees. The loans can be for up to $5 million.

Corey Rosen

May 08, 2023

Texas House Passes Employee Ownership Bill

The Texas House of Representatives has passed HB 2389, “An Act relating to companies in which employees have ownership interests through employee stock ownership plans.” It will now head to the Senate, where, as SB 1233, it has already passed the International Affairs and Economic Development Committee by a vote of 8-0. The bill would:

Corey Rosen

May 05, 2023

Colorado Expands Tax Credit for Employee Ownership Conversions

The Colorado legislature has passed (by margins of 54-2 in the House and 26-9 in the Senate) a bill (HB23-1081) to expand its tax credits for converting to employee ownership. Governor Jared Polis has strongly supported the legislation and is expected to sign it. Under prior law, companies converting to ESOP ownership could get a tax credit for up to 50% of costs for conversion, with a maximum credit of $100,000 for conversion expenses; the dollar limit is now increased to $150,000. For worker cooperatives, prior law provided a credit of up to 50% of conversion costs, with a maximum credit of $25,000; the dollar limit is now increased to $40,000. Conversions to other qualified forms of employee ownership now also qualify for a credit of up 50% of the costs, up to a maximum credit of $25,000. Finally, the bill 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 by at least 20%.

Corey Rosen

April 18, 2023

Washington Governor Signs Most Comprehensive Bill Yet on Employee Ownership

By a unanimous vote, both chambers of the Washington State Legislature have passed S.B. 5096, “An act relating to expanding employee ownership.” On May 9, Governor Jay Inslee signed the bill. The law creates the most ambitious state employee ownership program yet. It includes the following provisions:

Corey Rosen

April 17, 2023

DOL Commits to Regulatory Process for ESOP Valuation Guidelines

Update: On August 25, 2023, the DOL announced that the proposed rules will be released by the end of the year.

Corey Rosen

March 31, 2023

Canadian Budget Creates Structure for Employee Ownership Trusts

The Canadian government’s proposed 2023 budget creates a framework for employee ownership through employee ownership trusts. The budget states:

Corey Rosen

March 29, 2023

NY Bill Would Create State EO Center, Eliminate Cap Gains Taxes on Sales to EO Companies

New York Assembly bills A1920 and S962 would create a state employee ownership center to be housed at a university to provide outreach, education, and training on employee ownership, including ESOPs, worker cooperatives, and businesses that otherwise have a majority of their voting stock owned by employees. No specific funding is stipulated in the bill. It also provides that companies considering a transition to employee ownership can apply for loan assistance from the New York State business development loans. The loans could be funded through a public authority trust fund that could allocate up to $100 million in initial funding for this purpose. The bill does not contain a specific appropriation for this process, however. New York already authorizes public authority trusts funds for other purposes.

Corey Rosen

March 20, 2023

British Retailer the John Lewis Partnership Explores Moving Away from 100% Employee Ownership

The John Lewis Partnership, an iconic British retailer, is considering outside investors for the first time, a move that would dilute its 100% ownership through an employee ownership trust. John Lewis operates the John Lewis & Partners department store chain (34 stores) and Waitrose supermarkets (332 stores) and has 80,000 employees. The company had a loss of £78 million last year, and faced even tougher years during the peak of the COVID-19 pandemic. Inflation, a weaker British economy, and supply chain issues have added to ongoing problems.

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