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past webinar

Employee Benefits in Mergers & Acquisitions – Focus on Health & Welfare

Date: August 28, 2024 Time: 1:00 pm EST

The requirements of employee benefits plans can easily be overlooked or altogether disregarded during a merger or acquisition (M&A) transaction, to the peril of an unsuspecting buyer or seller. This could result in the parties’ failure to comply with a bevy of laws and regulations governing employee benefit plans. These exposures can be incredibly costly, time consuming to investigate and correct, and may even make a transaction regrettable.
In this webinar, we will discuss the high level components of benefits compliance issues that may arise during an M&A, including:

  • Why does it matter if the M&A transaction is a stock or an asset transaction?
  • How do the terms of the Purchase Agreement effect the transition of benefits to the buyer?
  • What are the pros and cons of merging benefits plans?
  • What steps are necessary to avoid forming a MEWA?
  • What are the advantages and disadvantages of terminating a seller’s Health FSA?
  • What are the approaches to continuing a seller’s Health FSA?
  • Who is responsible for sending COBRA Election Notices to the seller’s employees?
  • Who will be responsible for the benefit plan reporting for Form 5500s, Form M-1s, ACA Employer Information Reporting, and other post-transaction closing?
  • Nicole Fender (S)
  • Jason Sheffield (S)
  • Marie Smith (M)

We’re ready when you are. Get in touch and a friendly, knowledgeable Baldwin advisor is prepared to discuss your business or individual needs, ask a few questions to get the full picture, and make a plan to follow up.


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