Guest Bencat Posted August 4, 2010 Posted August 4, 2010 Can an ESOP provide that, in the event of a default on an ESOP loan, voting rights associated with pledged shares are transferred to the sponsor or other lender? Would this run afoul of the DOL's exempt loan reg (default provision)? I cannot find anything out there on this and my client believes it can be done (without providing a basis for that view, natch).
RLL Posted August 4, 2010 Posted August 4, 2010 Can an ESOP provide that, in the event of a default on an ESOP loan, voting rights associated with pledged shares are transferred to the sponsor or other lender?Would this run afoul of the DOL's exempt loan reg (default provision)? I cannot find anything out there on this and my client believes it can be done (without providing a basis for that view, natch). It's not OK if the lender is the sponsor or another party in interest. Also, some state corporate laws provide that a corporation may not vote shares of its own stock.
Guest Bencat Posted August 4, 2010 Posted August 4, 2010 RLL, many thanks for replying. On what basis under ERISA (citation, etc.) would you say it's not okay? Any citable source for that?
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