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In recent years ESOP appraisals and fairness opinions have received increased scrutiny from the U.S. Department of Labor and the plaintiffs' bar. Earlier this summer, in connection with the settlement of litigation brought by the DOL, an institutional trustee agreed to implement certain policies and procedures that have been commonly referred to as the "DOL Fiduciary Process Agreement."
In this presentation, valuation expert Jeff Tarbell will moderate a panel discussion regarding this important agreement, featuring attorney Ted Becker and ESOP trustee Jim Staruck. Their discussion will explore the processes and procedures of the DOL Fiduciary Process Agreement and its implications on ESOP appraisers and fairness opinion providers.
Program Agenda
Background
Agreement Concerning Fiduciary Engagements and Process Requirements for Employer Stock Transactions
Selection of Valuation Advisor
Oversight of Valuation Advisor
Fiduciary Review Process
Documentation of Valuation Analysis
Reliance on Valuation Report
Where are We Now?
Learning Objectives
Define the current state of ESOP regulations and DOL rulings regarding ESOP valuations
Identify the potential outcomes of pending and proposed regulations
Associate stipulations of these regulations with changed responsibilities for appraisers, trustees, and others
Identify potential next steps for ESOP regulations
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