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ESOP Fairness Act: New Rules for Employee Stock Ownership Plans

This act modifies the rules for what types of securities can be included in Employee Stock Ownership Plans (ESOPs). It allows certain over-the-counter securities to be treated as readily tradable, potentially offering employees more flexibility in their retirement savings within these plans.
Key points
Expands the definition of "readily tradable" securities for ESOPs to include certain over-the-counter stocks.
Permits the inclusion of securities that are priced by at least two dealers and meet specific transparency and company stability requirements.
The changes apply to plan years beginning after the act's enactment, potentially impacting future ESOP investment choices.
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Additional Information
2021 ESOP Fairness Act
Print number: S 1559
Sponsor: Sen. Tillis, Thomas [R-NC]
Process start date: 2021-05-11