• Introduction
    ▼
    • Why Companies Are Embracing Employee Liquidity
    • How to Run a Successful Liquidity Program
  • Set Eligibility and Restrictions
  • Identify an Optimal Buyer and Structure
  • Set a Price
  • Investigate Impact on the 409A Valuation
    ▼
    • 409A Valuation
    • Hypothetical Scenarios
  • Prepare Company Disclosures and Information for Due Diligence
  • Provide Information to Employees
  • Determine the Legal Implications
    ▼
    • Stock Transfer Restrictions and Rights
    • Symmetry of Information Sharing
    • Exposure to Legal Liabilities
  • Determine the Tax Implications
    ▼
    • Taxation Issues Around Each Type of Stock Issuance
    • QSBS-See If Anyone Qualifies for Special Tax Treatment
    • How to Make an Employee Tender Offer Less Taxing
  • Get Your Message Right – Inside the Company
  • Conclusion
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Step 7

Exposure to Legal Liabilities

Preferred stockholders who sit on the company’s board should take care before purchasing an employee’s common stock or an early financial backer’s junior preferred shares, especially if the sellers are not privy to material non-public information. If the investor knows of plans, like an unannounced purchase offer or partnership that boosts the value of the company, the seller could have grounds for legal claims.

Brokers must be registered. Working with an unregistered broker in an employee liquidity program could result in claims that revoke the deal, putting the company and the broker at risk for lawsuits.

  • Introduction
    • Why Companies Are Embracing Employee Liquidity
    • How to Run a Successful Liquidity Program
  • 1
    Set Eligibility and Restrictions
  • 2
    Identify an Optimal Buyer and Structure
  • 3
    Set a Price
  • 4
    Investigate Impact on the 409A Valuation
    • 409A Valuation
    • Hypothetical Scenarios
  • 5
    Prepare Company Disclosures and Information for Due Diligence
  • 6
    Provide Information to Employees
  • 7
    Determine the Legal Implications
    • Stock Transfer Restrictions
    • Symmetry of Information
    • Exposure to Legal Liabilities
  • 8
    Determine the Tax Implications
    • Taxation Issues Around Each Type of Stock Issuance
    • QSBS — See If Anyone Qualifies for Special Tax Treatment
    • How to Make an Employee Tender Offer Less Taxing
  • 9
    Get Your Message Right—Inside the Company
  • Conclusion

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STEP 8

Determine the Tax Implications

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