How to Use Employee Stock Ownership Plans (ESOPs) to Optimize Your Business with Ted Lape
Sep 6, 2023
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Ted Lape, an experienced professional in the banking industry, discusses Employee Stock Ownership Plans (ESOPs). Ted explains the mechanics, steps, and benefits of ESOPs compared to direct sales. He also touches on financing options, the involvement of professionals, and why more business owners don't choose ESOPs. This episode provides valuable insights into how an ESOP can help business owners optimize their businesses and ensure a legacy.
ESOPs create a sense of ownership and accountability among employees, leading to increased engagement.
ESOPs offer tax advantages for both the seller and the company, including tax-deferred and tax-free sales.
Deep dives
Benefits of ESOPs
ESOPs make a good company better by keeping the same management team, policies, procedures, and culture. Employees as beneficial owners become more interested in the value of the company, leading to increased engagement. This creates a sense of ownership and accountability among employees. ESOPs provide tax advantages for the seller and the company, allowing for tax-deferred and tax-free sales. ESOPs also offer the opportunity for management incentives, such as robust plans that allocate a percentage of the company's value to key management team members.
Overview of Employee Stock Ownership Plans
An Employee Stock Ownership Plan (ESOP) is akin to a 401(k) retirement plan, but instead of buying shares of Apple or IBM, employees contribute to a retirement plan that purchases shares of their own company. With an ESOP, the owner can sell the company to a retirement trust while maintaining control over its operations. ESOPs offer various tax advantages, including tax-deferred and tax-free sales for the seller, as well as ongoing tax benefits for the company. Throughout a 20-30 year period, the stock is allocated to employees based on their compensation, and it vests over time. If an employee leaves, their stock is bought back and can be rolled into an IRA or 401(k).
Differences Between ESOPs and Other Employee Stock Ownership Plans
Employee Stock Ownership Plans (ESOPs) differ from Employee Stock Purchase Plans (ESPPs) in that with an ESOP, the owner sells the stock to a trust, which then allocates the stock to employees over time at no cost. The allocation is based on employee compensation, meaning those who earn more receive a greater share of stock. Additionally, there is a vesting period, usually six years, and when an employee leaves, their stock is bought back. ESOPs have specific structures and rules governed by ERISA and offer tax advantages to both the seller and the company. ESOPs are favored by both Democrats and Republicans.
Process and Considerations for Implementing an ESOP
Implementing an ESOP involves several steps. First, there's an initial discussion to determine if an ESOP is a viable option. Then, an ESOP 101 presentation is conducted to explain how an ESOP works, including the financial aspects, special incentives for management teams, and tax incentives. If the owner is interested, a feasibility analysis is conducted to provide a comprehensive understanding of the value that will be received by both the owner and the employees. The analysis takes about a month. Once the decision to proceed is made, the actual deal can take around four months. The purchase price is usually received within four to five years, followed by additional payments over time. ESOPs are a suitable option for sellers who want to maintain control of the company and are interested in the long-term success, culture, and well-being of the employees.
In this episode of What’s Next?, host Terry Cook is joined by Ted Lape of Lazear Capital Partners to discuss ESOPs, a tool commonly used to facilitate succession planning, allowing a company owner to sell their shares to support their goals and transition flexibly out of the business. Ted has an impressive 30-year history in the banking industry and has helped many clients with setting up an ESOP at their company. More information about ESOPs can be found in our whitepaper “How to Successfully Exit Your Business with an Employee Stock Ownership Plan (ESOP)” available on our website www.parcionpw.com or at www.lazearcapital.com/.
1:35 – Ted’s introduction to ESOPs
2:44 – What is an ESOP?
3:30 – How are ESOPs different from ESPPs (Employee Stock Purchase Plan) or other employee stock
ownership plans?
5:30 – Mechanics, steps, and benefits of ESOPs, timeframe
7:55 – How is an ESOP different from a direct sale?
13:20 – Advantages
14:20 – Disadvantages
14:58 – Example when ESOP is the right solution
18:40 – Financing options and involvement
24:40 – Why don’t more business owners choose to exit with an ESOP?
26:20 – Cost and professionals involved
30:50 – How an ESOP can help ensure a legacy for a business owner