Table of Contents

Introduction

Chapter 1: Employee Stock Ownership Plan History and Background

Overview of Employee Ownership and Employee Stock Ownership Plans

Underlying Philosophy of ESOPs

Legislative History

Employee Retirement Income Security Act of 1974

Revenue Act of 1978

The Chrysler Loan Guarantee Act of 1979

The Economic Recovery Tax Act of 1981

Deficit Reduction Act of 1984

Tax Reform Act of 1986

Small Business Job Protection Act of 1996

Taxpayer Relief Act of 1997

The Economic Growth and Tax Relief Reconciliation Act of 2001

Jobs and Growth Tax Relief Reconciliation Act of 2003

Impact on ESOPs

ESOPs Today

Summary

Chapter 2: Significant Events and Organizations

Regulations and Government Agencies

Employee Retirement Income Security Act of 1974

IRS

Securities and Exchange Commission

DOL

General ERISA Fiduciary Considerations

Proposed DOL Regulations Specific to ESOP Valuations

Major Exceptions to ERISA for the Benefit of ESOPs

ESOP and ERISA Litigation

Summary

Industry Organizations and Standards

The AICPA

The ESOP Association

National Center for Employee Ownership (NCEO)

Ohio Employee Ownership Center

Appendix 2A—IRS Form 5309, Application for Determination of Employee Stock Ownership Plan

Chapter 3: Employee Stock Ownership Plan Transaction Mechanics

Traditional Uses of an ESOP

Provide Liquidity and Diversification for Shareholders

Provide a Means of Capital Formation

Finance Corporate Acquisitions

An Incentive to Increase Employee Productivity and Retain Personnel ...

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