Who owns an employee ownership trust?



What is an Employee Ownership Trust?


The concept of an Employee Ownership Trust (EOT) is steadily gaining popularity worldwide. Essentially, this is an arrangement where a significant proportion or majority of a company’s shares are held in trust for the benefit of its employees, promoting a shared sense of ownership and direct economic interest. It is typically used as a succession plan, wherein the company’s owners transfer their ownership to their employees upon retirement.


An EOT offers multiple benefits, including tax efficiency, improved employee engagement, and sustained business growth. It is a collective form of ownership compared to direct shareholdings, creating a culture of cooperation and teamwork, with the recognised aim of fostering long-term business success.

Employees Do Not Directly Own Shares


When a company adopts an EOT structure, the employees do not gain immediate, individual share ownership. This is what is known as indirect ownership. The difference is substantial because it means that although employees have an interest in the company’s performance, they do not individually own the shares. Thus, they do not have individual shareholder rights like voting on critical company matters.


From a practical standpoint, this system is beneficial. It eliminates the complexities that could arise if each employee held the shares directly. Employees still enjoy financial benefit from the company’s success, usually in the form of an annual tax-free bonus.

Shares Are Owned by The EOT Trust


The key characteristic of an EOT arrangement is the trustee ownership of company shares. The EOT ownership is maintained through a trust fund established to hold the company shares on the employees’ behalf. The shares’ legal title is vested in the trust, effectively ensuring that the company remains employee-controlled regardless of changes in the workforce.


This setup is particularly beneficial since it avoids the potential disharmony and administrative complexity of employees owning and trading individual shares. Unlike other types of trust funds, an EOT is specifically designed for the purpose of owning and managing a stake in a company for its employees.

Trustees Manage Shares on Employees’ Behalf


The vital role of managing the trust and, therefore, the shares lies with the trustees. In most cases, trustees are selected from among the company’s top management, employee representatives, and sometimes even external, independent parties. Their key responsibility is to look after the employees’ interests, with their decisions guided by the trust’s terms and governing rules.


The trustees’ main task is to safeguard the company’s continuity, protect employees’ interests, and ensure the benefits resulting from the EOT are distributed equally among employees. They have to balance the employees’ interests with the company’s need for long-term stability and profitability. In other words, they essentially act as stewards of the company.

Employees Have Beneficial Interest, Not Direct Ownership


Employees under an EOT have a beneficial interest in the company’s performance, but they do not directly own the shares. They have a financial interest in the company’s success and can receive a share in the profits, but they cannot exert individual control over the company’s strategic direction or day-to-day operations.


This design maintains a level of consistency and stability within the company. While employees can enjoy the fruits of their labour through profit-sharing, the actual decision-making process remains unfragmented, preserving the company’s singular focus and direction.

The EOT Trust Entity Ultimately Owns the Shares


In conclusion, the shares in an EOT are owned by the trust entity, not by the employees. Employee benefits are distributed through profit-sharing, not through personal ownership of shares. Essentially, the trust serves as a custodian of the company’s shares, protecting its longevity and safeguarding the company’s enterprise value for the employees’ benefit.


This collective approach to company ownership fosters cooperation among employees and aligns individual efforts with business growth. By adopting this structure, companies can further business continuity, build resilience, and promote shared prosperity.



Frequently Asked Questions (FAQ)

What is an Employee Ownership Trust (EOT)?

An Employee Ownership Trust (EOT) is an arrangement where a substantial proportion or majority of a company’s shares are held in a trust for the employees’ benefit. It is largely used for succession planning, where company owners transfer ownership to their employees upon retirement. This setup cultivates a shared sense of ownership and direct economic interest among employees, contributing to improved employee engagement, sustained business growth, and tax efficiency.

Do employees directly own the shares in an EOT?

No, employees do not gain immediate and individual share ownership under an EOT. This system is popular as it takes out possible complexities if each employee were to hold the shares directly. Despite this, employees maintain the financial benefit from the success of the company through means such as annual tax-free bonuses.

Who owns the shares in an EOT?

In an EOT, the shares are owned by the trust. It holds the legal title of the company shares on behalf of the employees. This ensures that the company stays employee-controlled regardless of changes in the workforce and protects against potential disarray that might arise with direct share ownership by employees.

Who manages the shares in an EOT?

The shares in an EOT are managed by the trustees. Usually, these trustees are chosen from the company’s top management, employee representatives, or even external parties. They have the all-important task of protecting the employees’ interests and ensuring equal distribution of the benefits accruing from the EOT.

What kind of interest do employees have in the company within an EOT setup?

Employees under an EOT have a beneficial interest in the company but do not directly own the shares. They can enjoy a share of the profits, signifying a financial interest in the company’s performance, but without any individual control over the company’s strategies or operations.

Who ultimately owns the shares in an EOT?

Ultimately, the shares in an EOT are owned by the trust entity and not the employees. Employee benefits are provided through profit-sharing, not through personal ownership of shares. Essentially, the trust acts as a custodian of the company’s shares, safeguarding the enterprise value for the employees’ benefit, and ensuring the company’s longevity.
Nigel Watson

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Date

September 1, 2023

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