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Maran settlement to make ESOPs more expensive

The Maran case is a reminder that any firm considering an ESOP should follow best practices.

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The Maran case is a reminder that any firm considering an ESOP should follow best practices. (Photo: Shutterstock)

Using an employee stock ownership plan (ESOP)  as a vehicle for a company owner to sell to family members or their management team has been made more expensive — and may become a lot less popular — after the settlement of a lawsuit between the U.S. Department of Labor (DOL) and First Bankers Trust Services Inc.

Through a civil claim, the DOL accused First Bankers of breaching its fiduciary duties by approving the sale of 49 percent of Maran Inc., a private label denim manufacturer, to the Maran ESOP (employee stock ownership plan), for which it served as independent trustee.

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