Employee ownership trusts

Deciding on a business succession strategy is a complex process. Employee ownership trusts have become an increasingly popular alternative to a traditional sale and can help businesses achieve long-term success.

The John Lewis model, where the company is employee owned, is often held up as a shining example of how employee ownership can lead to long-term success. Indirect share ownership by a specially created Employee Ownership Trust (EOT) can help businesses to:

  • Facilitate smooth transition of ownership
  • Preserve culture and strategy
  • Maintain values
  • Improve workforce engagement and productivity

Who do we help?

  • Individuals looking to sell to an EOT: helping explore if an EOT will work for your business and then guiding you through the transition.
  • EOT trustees, directors, trust companies. Also banks financing transactions, reviewing EOT related documents and advising on the structure of the deal and the implications of the documents and the roles of the parties.
  • Employee Ownerships Trusts: answering queries about the running of the trust including qualifying conditions to enable the EOT-owned company to pay income tax-free bonuses and to ensure compliance with legislative requirements.

Our lawyers

Our tax, private client and corporate specialists work closely together to offer clear, helpful advice in relation to EOTs. Our tax team can help you navigate the often-complex legislation surrounding EOTs.

Our clients

In the last 6 months, we’ve advised, or are in the process of advising, on four EOT transactions. We’ve also provided advice to prospective trustees on technical EOT questions. We’ve helped business owners sell to a qualifying EOT, which has the following benefits:

  • Selling at a fair value
  • 100% relief from capital gains tax on the sale proceeds (a tax-free sale for most shareholders)
  • Smooth transition of ownership 
  • Continuity of firm culture, allowing the business to be taken forward by employees they trust will preserve the ethos of the company, and who as beneficiaries will be highly motivated to succeed

Legal resources you may find useful

Mills & Reeve Sites navigation
A tabbed collection of Mills & Reeve sites.
Sites
My Mills & Reeve navigation
Subscribe to, or manage your My Mills & Reeve account.
My M&R

Visitors

Register for My M&R to stay up-to-date with legal news and events, create brochures and bookmark pages.

Existing clients

Log in to your client extranet for free matter information, know-how and documents.

Staff

Mills & Reeve system for employees.