Areas of Practice | Ensure ROBS Compliance Today — Your Site Title ROBS Attorney, Law Office of Anita Lee

Areas of Practice

ROBS Compliance

The use of independent legal counsel during the formation and operation of a Rollover as Business Start-Up (“ROBS”) structure is important in identifying potential compliance concerns and long-term business considerations. The firm provides comprehensive reviews during the formation stage to assist business owners in evaluating ownership structure, prohibited transaction risks, corporate governance matters, and operational compliance considerations associated with retirement-funded business structures.

For businesses already operating through a ROBS structure, the firm provides compliance reviews relating to ERISA, IRS, and corporate governance requirements, including operational issues, prohibited transaction concerns, risk management considerations, and ongoing compliance matters associated with qualified retirement plans and closely held corporations.

Ongoing Counsel

Ongoing legal counsel and compliance guidance are important as businesses continue to operate through a ROBS structure. The firm advises business owners regarding ongoing operational and corporate matters involving ROBS.

Representation may include advice regarding capitalization and additional funding transactions, the addition of investors, corporate governance matters, 401(k) plan administration requirements, stock purchases and redemptions, operational issues, and restructuring considerations. The firm also advises clients regarding compliance-related risks and strategic considerations that may arise throughout the lifecycle of the business.

Business sales, acquisitions, and exits

The firm provides advice and counsel regarding the purchase and sale of businesses involving ROBS structures, including stock and asset transactions. Representation may include due diligence relating to retirement plan ownership, analysis of the impact of the transaction on employer securities and retirement plan assets, corporate restructuring considerations, and matters involving plan termination or merger following a business sale or acquisition.

The firm also advises business owners regarding exit strategies involving ROBS structures outside of a traditional business sale. Representation may include stock redemptions, transfers of employer securities, corporate restructuring transactions, ownership transitions, and other exit-related considerations involving retirement-funded business structures.

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