Corporate mergers, acquisitions and dispositions (i.e., purchase and sale transactions) cannot be executed successfully without advance consideration of how each company’s retirement plans, executive compensation arrangements and other employee benefit plans will be handled in the transaction. The attorneys in Spencer Fane’s Employee Benefits Group not only perform due diligence on existing plans – they identify the alternatives available to the buyer and the seller for dealing with benefit plans in a given type of transaction. They also help buyers and sellers understand the relative risks and benefits of assuming, merging, terminating or amending plans in connection with the transaction.
In addition to assisting in the decision-making process prior to the transaction, Spencer Fane’s Employee Benefits attorneys work with the corporate attorneys to craft appropriate benefits-related language for the purchase/sale agreement. They also draft the plan amendments, merger agreements and board resolutions necessary to properly document how employee benefit plans will be dealt with in the transaction. Finally, they assist with any required government filings that must be made in connection with the benefit plans (such as final returns for plans that will be terminated in connection with the corporate transaction).