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The courts and the Department of Labor (DOL) have made it very clear that boards of directors in ESOP companies have a duty to monitor how the ESOP trustee oversees the valuation process and to make sure that the plan is not paying more than fair market value to outside sellers and not less than

This piece has been adapted from an article by Mindi M. Johnson and Amanda J. Dernovshek of the law firm Foster Swift.

Periodically, we will reprint and revise popular articles from prior issues. This one was written in 2008 by NCEO founder Corey Rosen and is updated by him here.

Back in 1974, Congress w

Our July-August 2018 newsletter previewed new data on the Department of Labor’s ESOP investigations, drawing on a dataset that the NCEO received through Freedom of Information Act requests to the DOL.

On November 19, 2019, it was announced that New Belgium Brewing, the fourth largest craft brewery in the United States and the first craft brewery in the country to become an ESOP, would be acquired by Lion Little World Beverages, a subsidiary of Japan’s Kirin Holdings.

ChillCo, Inc. is a 100% employee-owned large tonnage refrigeration company based in Louisiana, Mississippi, and Texas. It provides sales, service, remanufacturing, parts, equipment retrofit, design build/consulting, and rental of all makes and models of equipment in the refrigeration space. 

When a company uses debt to finance an ESOP, its relationship with debt changes overnight. Before a transaction, many privately held non-ESOP companies operate with minimal debt or outside financing.

One of the best ways to onboard and retain new employees is to pair them with another employee as they get comfortable in the new job.

Although we may not feel it in the air, the holiday season is quickly approaching. Before the rush of preparation overcomes us, I’d like to take a moment to look back at the year so far and thank our members and supporters for making it a great one.