On May 15, 2020, the Small Business Administration (SBA) published a Loan Forgiveness Application that provides long awaited information regarding loan forgiveness under the Paycheck Protection Program (PPP). The PPP generally provides that borrowers are eligible for forgiveness of their PPP loans based upon certain qualifying expenses that arise during the eight-week period commencing on the date the loan was funded (which is known as the Covered Period).
New funding options may exist for businesses, thanks to a new bill from the House and several potential modifications to existing federal relief programs.
Companies that received PPP funds now have an extra week to decide if they should give them back.
There has been a clear shift in the political environment propelled by public discussions of certain large, public companies obtaining loans under the Paycheck Protection Program (the “PPP”) authorized by the Coronavirus Aid, Relief and Economic Security Act (the “CARES Act”), including Shake Shack, Ruth’s Chris and others. During this time, many small businesses have been quoted in the press expressing frustration with their inability to access the PPP program prior to the first round of guarantee authority being exhausted.
New guidance assures that ESOP companies are eligible for key federal relief under the Paycheck Protection Program.
New guidance and a resource page from the EEOC can help reduce risk as employers make plans to reopen their businesses.
Congress and the Trump Administration have reached a deal on a new round of coronavirus aid entitled the Paycheck Protection Program Increase Act of 2020. The ESOP Association has remained aggressively engaged with key leaders in Congress and the White House to ensure ESOPs and employee owned businesses remain front of mind as legislation is drafted.
In response to TEA request, two influential Senators take action to clear the way for ESOPs to receive PPP funds.
Sharing these three informational resources with your employee owners can help them grapple with today’s challenges.
The CARES Act offers credits to businesses that take steps to retain their employees. This Q&A can help ESOP Association members better understand these credits and how they are applied.
ESOP companies can apply for greatly expanded federal financial assistance that may qualify for partial or full debt forgiveness. Read More
See how the latest bill for COVID-19 relief, just passed by the Senate, can help ESOP companies grapple with the economic downturn.
The ESOP Association today sent a letter to the Secretary of Labor asking for emergency plan flexibility, regulatory guidance, and investigatory relief for active or new routine EBSA investigations.
ESOP Association President & CEO Jim Bonham specifically requested that DOL:
In votes held last night and today, the Senate was unable to move forward on a proposed multi-trillion dollar “Phase 3” piece of legislation that would provide a massive infusion of cash and loan relief for private sector businesses. The legislation is currently stalled over disagreements between Republicans and Democrats over the nature of corporate relief and its uses.
These slide decks show the nation's response to COVID-19 in a quick, easy to read format.
As Congress considers various aid packages for businesses negatively affected by the coronavirus pandemic, The ESOP Association is working to ensure the needs of the ESOP community are part of the discussion.
H.R. 6201 would expand the Family and Medical Leave Act (FMLA), creating a new form of mostly paid job-protected leave for affected employees. It also would create a new form of immediately available, short-term paid sick leave. These provisions would take effect within 15 days of enactment by the President.
ESOP Brief, Repurchase Obligation, Valuation, Resource
Understanding the repurchase obligation and its effect on an ESOP company’s valuation.
ESOP Brief, Repurchase Obligation, Opportunity Cost, New Present Value, Redeem, Recycle, Resource
Using opportunity cost to understand the true cost of the repurchase obligation on an ESOP company’s share price.
ESOP Brief, Synthetic Equity, Warrants, Options, Valuation, Resource
Written for ESOP fiduciaries and trustees, this Brief discusses the interplay of synthetic equity, warrants, and various valuation methods.
Resource, ESOP Brief, ESOP Benefits, Succession Planning, Tax Benefits, Financing, Leveraged ESOP, Diversification
A basic guide summarizing the unique benefits Employee Stock Ownership Plans offer to owners, employees, and communities. This ESOP Brief is available to the public as an informational resource.
ESOP Brief, Dividends, 404(k), Resource
There are various tax incentives to encourage companies to consider an ESOP. This Brief discusses an employer’s ability to use tax deductible funds to service ESOP debt and the advantages of deductible cash dividends.
ESOP Brief, Distributions, Put Option, Resource
A guide to the rules surrounding ESOP distributions including an overview of The Put Option.
ESOP Brief, Repurchase Obligation, Resource
Both S corporation and C corporation ESOP companies must be prepared to pay cash equal in value to stock in a participant’s account, per ERISA distributions rules.
ESOP Brief, Repurchase Obligation, Redeem, Recycle, Opportunity Cost, Resource
This ESOP Brief introduces the concept of opportunity cost and the implications for share price when private companies devote resources to fund repurchase obligations.
ESOP Brief, Repurchase Obligation, Valuation, Recycle, Redeem, Resource
This ESOP Brief explains how an ESOP company’s repurchase obligation should be understood and managed, and how the repurchase obligation associated with the ESOP should be reflected in the valuation.
ESOP Brief, Leveraged ESOPs, Convertible Stock, Financing, Resource
How to use convertible preferred stock in an ESOP.
ESOP Brief, Valuation, Adequate Consideration, Resource
This Brief answers important questions you may have about ESOP stock valuation, including who may value a stock and how valuations occur.
ESOP Brief, Fair Market Value, Economic Value, Valuation, Distributions, Repurchase Obligation, Resource
A summary of the valuation issues S corporations can encounter. This is a highly technical ESOP Brief.
ESOP Brief, Leveraged ESOPs, Non-leveraged ESOPs, Financing, Resource
This Brief describes common accounting practices for non-leveraged and leveraged ESOPs.
ESOP Brief, ESOP Plan Design, Repurchase Obligation, Resource
A summary of the key steps involved in designing and implementing an ESOP for a privately held company.
ESOP Brief, Tax Benefits, 1042, Dividends, Resource
A guide to the tax advantages of ESOPs for business planning including both C Corporation and S Corporation tax advantages.
ESOP Brief, Tax Benefits, 1042, Dividends, Why Sell to an ESOP, Resource
A summary of the mechanics and rules of the tax-free 1042 rollover and related matters.
ESOP Brief, Tax Benefits, Leveraged ESOPs, ESOP Financing, Resource
A broad overview of the unique characteristics and advantages of ESOP financing as compared with conventional debt financing.
ESOP Brief, Culture, Productivity, Resource
Why should you consider employee ownership in your company? Does it work? What are the advantages? These questions and more answered in this ESOP Brief.
ESOP Brief, Benefits, Retirement Benefits, Diversification, Distributions, Resource
A broad overview of how ESOPs compare to other employee benefit plans, like 401(k) plans, and what the benefits of ESOPs are to employee owners.
ESOP Brief, KSOPs, 401(k), Resource
A summary of how ESOPs and 401(k) plans can work together to benefit the employee owner and the employer.
ESOP Brief, Performance, Revenue, Productivity, Resource
ESOPs can impact corporate performance in a number of important and beneficial ways.
ESOP Brief, Policy, Employee Ownership, Resource
An overview of why employee ownership should be a part of national public policy. This is a must-read for executives, owners, and anyone with a stake in the employee ownership community.
ESOP Brief, Voting, Voting Rights, Resource
A breakdown of the voting rights of ESOP stock participants and beneficiaries.
ESOP Brief, Retirement Benefits, Diversification, Distributions, Resource
ESOP participants nearing retirement age have the option, by law, to diversify a portion of their ESOP stock. This ESOP Brief discusses why and how participants may consider this option.
ESOP Brief, Tax Benefits, 1042, Dividends, 404(k), 409(p), Resource
S corporation election can result in substantial tax savings at the corporate level, but some factors may not make S election viable for all companies.
ESOP Brief, Fiduciary Liability, Trustee, Prohibited Transaction, Self Dealing, Adequate Consideration, Breach, Resource
A guide to the ERISA rules all ESOP fiduciaries need to know to fulfill their obligations.