Are you employee-owned in a consolidating industry? Are you concerned that your company may receive an unsolicited offer? Many ESOP companies are living in consolidating industries, and they are frequently noticed as an attractive target. Many of the same ESOPs are also actively pursuing acquisitions. Board members or trustees would be naïve to think their executive team isn't receiving invitations to join in a discussion relating to selling the company. How are these conversations discussed by the board of directors? What does or should your governance structure require? The panel will discuss the considerations of, and how to navigate, staying employee-owned within a consolidating industry from the perspective of the ESOP trustee, legal counsel, valuation professional, and independent board member.
Learning Objectives:
Understand the duties of corporate officers to report unsolicited offers to the board of directors
Learn the duties of boards of directors in reviewing and responding to unsolicited offers