Article
Long-Awaited Guidance On ESOP Valuation Standards
The Retire Through Ownership Act amends ERISA to provide fiduciary protection for those relying on independent valuations of privately held stock in employee stock ownership plans. This legislative change addresses long-standing uncertainty around adequate consideration determinations and establishes a framework based on IRS Revenue Ruling 59-60 methodologies. The new law aims to reduce litigation risk while maintaining fiduciary obligations under ERISA's prudence and loyalty standards.

Arnold & Porter






