RLL Posted September 17, 1999 Posted September 17, 1999 It depends on the state law applicable to incorporated law firms. Many state professional corporation laws would prohibit having a non-lawyer as a beneficial owner of the stock (as would be the case if a non-lawyer were an ESOP participant). You might consider using a non-ESOP stock bonus plan to cover the lawyers, with a comparable profit sharing plan for the non-lawyers. An ESOP under IRC Sec. 4975(e)(7) may not be used in this manner, as an ESOP cannot be combined with a non-ESOP for purposes of testing under Secs. 401(a)(4) and 410(B). A non-ESOP stock bonus plan is not subject to the special ESOP nondiscrimination rule.
Guest SA Becker Posted September 17, 1999 Posted September 17, 1999 Is it ok for an S-Corp law firm to establish an ESOP with an attorney as trustee for the ESOP, or will there be a problem with violating the rules of professional conduct because a nonlawyer (i.e., the ESOP) would be owning part of the firm?
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