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Avoiding M&A Post-Closing Pitfalls: A Buyer’s Guide to ESOP Wind-Downs
Foley & Lardner LLP 
Aug. 21, 2025 "To address the costs associated with the ESOP wind-down process, buyers should negotiate a dedicated escrow or reserve specifically for ESOP wind-down costs. This should be based on: [1] Estimated distributions and participant counts; [2] Projected legal, fiduciary and administrative costs (e.g., cost to administer participant distribution elections, obtain fiduciary tail policies, and seek an IRS determination letter); and [3] Potential audit and compliance expenses, including any expenses related to operational or other compliance issues for the plan." MORE >> |
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