Employee Ownership Trusts (EOTs)

Herrington Carmichael is a full service law firm offering legal advice to UK and international businesses as well as individuals and families.
/
/
/
Employee Ownership Trusts (EOTs)

The implementation of an EOT involves the transfer of shares in a trading company, from the original owners, to a trust. The trust then holds the shares on behalf of the employees of the company.

Herrington Carmichael have a specialised team who have represented many clients in various EOT transactions.

We are able to advise on all stages of the EOT process, including:

  • Providing initial guidance on whether the relief requirements as set out in s236H(4) TCGA 1992 are likely to be satisfied to allow CGT relief to be obtained;
  • Preparation of the HMRC clearance letter;
  • Management of the due diligence process;
  • Assisting in the explanation of the EOT process to employees;
  • Advising on the trust composition;
  • Drafting and negotiating transaction documents; and
  • Advising on post-completion requirements.

Key contact

Yavan-Brar-PNG
Yavan Brar
Chief Executive Officer

What our clients say about us

I would like to thank Herrington Carmichael Solicitors for their excellent support in completing the E.O.T transaction. The team worked efficiently and professionally, ensuring the matter was delivered on time and on budget. In particular, I would like to recognise Yavan Brar, Partner and Head of Department, and Sophie Protheroe, Solicitor, for their outstanding guidance and consistent support throughout the transaction. Their expertise, responsiveness, and clear advice made the process smooth and well managed from start to finish. I would have no hesitation in recommending Herrington Carmichael Solicitors for complex corporate transactions.

John and I are delighted to have been supported by Yavan & Sophie as we embarked on selling our Company to an EOT. From initial introduction 14 months ago, to achieving completion 2 days ago, Yavan & Sophie have been with us every step of the way. Their knowledge is vast and their ability to steadily walk us through the entire process, as simply as possible, was remarkable. The completion of this process required a number of additional inputs from other experts, all of which, they were able to provide, which just helped with the seamless approach and high level of communication throughout. We just hope they are happy that we were able to keep up with them too! Prior to meeting Yavan & Sophie, we had no knowledge of what an EOT was so to think that within 14 months, we have not only understood the benefits of such a consideration, but have reached the finish line and can sit back and proudly watch the continued success of our business in its new form, is incredible. So thank you for everything.

We are grateful to Yavan, Sophie and the team for their work on transitioning our company to an EOT. They navigated the intricate process of the transition with care and precision, giving all those involved clear understanding and peace of mind throughout the process. Their proactive approach and attention to detail were evident throughout and we wouldn’t hesitate to recommend the team to anyone considering an EOT transition.

HC acted for us in a corporate reorganisation, the sale of shares to an EOT and implementing an EMI for key individuals. The matter was complex and required patience and clear solutions to a number of issues to achieve the goals. Yavan and Sophie provided detailed advice on statutory requirements, a clear explanation of legal terminology, and worked efficiently to allow us to implement the EMI within the necessary timeframe. Great support from Yavan and the team.

Yavan and Sophie made our sale to an EOT straightforward and effortless. From the outset, they took the time to understand our needs and goals, explaining the process and answering all our questions. Their expertise in EOT transitions helped us make the right decisions for our company's future. We highly recommend the Herrington Carmichael team to any business considering such a transition. Their professionalism, expertise, and client care were invaluable.

Insights

Get valuable insights from our articles.

Training workshop led by black facilitator with diverse participants
Employee Ownership Trusts (EOTs) are becoming an increasingly attractive option for business owners looking to plan for succession, preserve company…
AdobeStock_1876259626
Sophie Protheroe, Senior Solicitor in Herrington Carmichael’s Corporate team, advised the founders of Dimples Day Nursery Limited, a well-established childcare…
Advising-Hawkins-Group-on-transition-to-an-Employee-Ownership-Trust
The Herrington Carmichael corporate team advised the founders of the Hawkins Group of Companies, a construction group, on the sale…

Meet our experts

Dedicated professionals ready to assist you.

Yavan-Brar-PNG
Chief Executive Officer
Sophie Protheroe PNG
Senior Solicitor

Frequently Asked Questions

Find answers to your most pressing questions about our services and processes.

If you are a shareholder or a group of shareholders considering exiting, we can help you explore whether an EOT is the best option and the next steps to take to implement. If you want to discuss further, please contact Sophie Protheroe in our Corporate team.

Provided the sellers do not control the trust, there are no rules about who can be a trustee. We would recommend there is at least one professional trustee alongside members of the management team.