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ARTICLE · 24 JUNE 2021

What Structures Are Available For Employee Ownership?

Wrigleys Solicitors LLP
Wrigleys Solicitors LLP
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Wrigleys Solicitors LLP

Wrigleys Solicitors LLP

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We consider three formal structures available for employee-owned businesses and why these may be suitable.

United KingdomCorporate/Commercial Law

We consider three formal structures available for employee-owned businesses and why these may be suitable.

There are three main structures for an employee-owned company:

  1. 100% trust ownership;
  2. direct ownership of shares by individual employees; or
  3. a hybrid model with a trust holding the majority, and some direct share ownership by specific employees.

The most common form is the 100% owned trust structure, as this is the simplest and cheapest to set up and, if it relates to an existing business where the owners are retiring or setting up their succession plan, has capital gains tax advantages for the outgoing owners.

Trust ownership

In this structure a trust is set up to hold the majority, or all, of the shares in the company.  Usually this an employee ownership trust ("EOT").  The EOT will be created by way of a trust deed which will evidence the creation and also set out the various terms of the trust.   The EOT is a trust with requirements

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The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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