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Panel Proposals

Effective Governance

Governance Process and Evaluating If It Is Right to Sell versus Remaining an ESOP

Wednesday, April 16, 2025
2:30 PM – 3:30 PM MST
Location: 259
CE: 1
CE Type: CLE, CPE, SHRM
Education Level: For All levels
Sell or stay private? A real case study on board best practices and process to retain control of the direction of the company. Demystify the growing fear that your ESOP company could be victim to an unsolicited offer. Panel will discuss special committees, conflicts, and process to create a solid record to support the board’s ultimate decision.
NCEO Newsletter Article: Issues in Selling an ESOP Company
NCEO Publication: Responding to Acquisition Offers in ESOP Companies
NCEO Document: Responding to Acquisition Offers samples

Learning Objectives:

  1. Understand board and governance process to not over- or underreact to market opportunities.
  2. Understand conflicts and strategies to mitigate them (special committees, recusal, etc.).
  3. Understand the board’s role with respect to duty of care and the business judgement rule.