MONEY: Responding to a question about an ESOP

ESOP
Posted by: “Reinke’s Networking Persona”
Mon Jan 22, 2007

Posted by: “jairam_sridharan” Sun Jan 21, 2007 6:09 am (PST)

>My company is planning to give me a ESOP.

Be careful to be very precise in your thinking. “Give” could mean: toss you a gold bar, or scrap, for free, invite you to invest in, make it the only option in a 401k or retirement plan, or be real, or “shadow”, options.

(It’s not that I’m so smart, it just that I stayed in a Holiday Inn Express once upon a time. That, and I worked on Wall Street for two decades.)

>My employer wants me to be a part of this program.

Don’t think that they are being solicitous of your welfare. There is probably a legal, regulatory, or financial reason for their “concern”. Legal in the sense to get tax benefits they have to include the peons. Regulatory in that there may be a prohibition against not including a balancing number of peons. And / or financial in that they may want to dump some paper and collect some operating capital from you. All the while making you believe in the Tooth Fairy, Santa Claus, or A Leprechaun’s Pot of Gold.

> What are the pros and cons of a ESOP?

It can be a great investment. Ask the Microsoft millionaires. Or it can be a pile of smelly stuff. Ask the Enron employees.

If I was an “investment advisor”, and I am not, and am not licensed, nor do I play one of TV, I would tell you that:

(1) one should clearly and completely understand any investment (otherwise, double your money by folding it and putting it in your pocket)!

(2) You should have a properly diversified investment strategy. (Don’t put money you can NOT afford to lose into ANYTHING!) Wall Street rule of thumb is not more that 5% in any one thing or type of thing.

(3) Because ESOPs are generally “locked up” for long period of time, have tax ramifications of any escape, and are very illiquid, they should be evaluated with those restrictions in mind. (That is you probably can NOT touch it till you retire; if you do, the tax man will be the big winner; and getting out early will cost you in value).

>What are the important aspects that I must look forward to?

Who pays what? Is it “free”, do you have to kick in a percent, or do you pay everything? Who get the money? (In one case I know it was the execs. You were basically buying their restricted stock. p.s., the CFO went to jail on that one.) When can you exit stage left? (If the answer is “when you die”, then you have a problem. Don’t laff, saw one of those to!)

AND, politically, now that you’ve been invited to “participate”, what are the consequences of saying (politely deferentially and with solemnity “are you kidding me, invest in this chick poop outfit”) “no”. It could cost you your job, your ever getting promoted, and laid off on the next round of cuts as “disloyal”

>My employer says that if I participate in this program, I will get a 60 – 70 % hike in my salary

And, if I buy a winning lottery ticket, I can retire top Aruba and count my interest.

Who are you going to believe your employer or some faceless typist on the end of Yahoo Group?

Seriously, I’d take that one with a BIG grain of salt.

In the USA, it is illegal and a criminal matter to make any such statements.
(It can get the stock’s registration pulled for a “quiet period” violation.)

I would pose the question where is the 65% increase going to come from?

No that’s (charitably) “a misunderstanding”. Again, the Microsofties made grazillions and the Enronites got screwed. Your mileage may vary. Not may — will!

> Please can somebody advise me.

Divide the problem into buckets.

Can I say no politically without losing my job, promotion, or future?

If you can’t say “no”, that’s a different set of problems.

What is my “contribution” into this?

Can I afford it?

If I lose everything, like Enron, will I be eating dog food in my old age?

If I was making an investment, would I have picked this company to invest in?

Does it pass the “sniff test” (i.e., does it smell like poop or pie?) Is everything honest and above board? Is everything “reasonable”?

Is everything I am being told written down on a piece of paper somewhere?

>

Remember I’m a pretty negative guy. I worry about the bad stuff happening. Then, I can be pleasantly surprised when the sky doesn’t fall.

All in all, I’d assess your problem, just based on what have heard, as “mildly negative”, based on the 65% promise.

So I’d investigate further diligently without being nasty like me.

Good luck.

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