Transcript ESOP Buyout
DOL’S FIDUCIARY PROCESS AGREEMENT Professional Fiduciary Services LLC Enterprise Services, Inc. Changes in the Fiduciary Process 2 No Moench Presumption Non-litigation impacts Regulation by Settlement Agreement Transactional and Ongoing Impacts Changes in Valuation Reports Financial Advisors and Fiduciary Standards Is my Broker a Fiduciary? No Moenchy Business 3 Criteria to hold or divest company stock Benchmarking performance Capping allocations to company stock Should the plan say it is designed to invest in company stock? Do the fiduciaries document the hold versus sell decision? Sierra Aluminum Settlement 4 Independent valuation firms Audited financial statements Assessing management projections Control premiums Claw backs and warrants Seller financing Financial Advice to ERISA Plans 5 Traditional Broker Standard Suitability RIA standard Fiduciary – meets risk / reward objectives – best interests DOL proposes a fiduciary standard for those who advise retirement vehicles. Professional Fiduciary Services LLC 1841 N Riverwalk Way Milwaukee WI 53212 262.627.0366 [email protected] Enterprise Services, Inc. 355 Austin Circle Delafield, WI 53018 262.646.6490 [email protected] Mickey Maier is a President of Professional Fiduciary Services LLC in Milwaukee WI. He serves as an independent transactional fiduciary, ongoing trustee, or board member for a number of ESOP companies. Craig Olinger is a Principal at Enterprise Services, Inc. (ESI), a firm focused on providing consulting services for private business. He specializes in working with business owners and advisors on ESOP valuations.