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An EOT provides indirect (trust) employee ownership of a company. Among the different forms of employee ownership, the trust model may, in particular, be chosen instead of employees owning shares directly because it can be used to organise an employee buy-out, without requiring finance from employees, provides a long-term ownership model and is ...
Employee trusts exist for many purposes and have a wide range of titles. If the terms of the trust meet requirements prescribed by tax or other regulations, then the employee trust is likely to be known by the name given in the relevant regulations, for example, a share incentive plan or an employee stock ownership plan.
Trusts have certain requirements for creation. First, the grantor must show an intent to create a trust. [80] Concordantly, the grantor must have the mental capacity to form such an intent and to create the trust. [81] Also, if the grantor was "forced" to create the trust due to fraud, duress or undue influence, it is deemed void. [82]
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"Certainty of intention" means that it must be clear that the donor or testator wishes to create a trust; this is not dependent on any particular language used, and a trust can be created without the word "trust" being used, or even the donor knowing he is creating a trust. Since the 1950s, the courts have been more willing to conclude that ...
A voluntary employees' beneficiary association (VEBA) is a form of trust fund permitted under United States federal tax law, whose sole purpose must be to provide employee benefits. [1]