QUESTION

Are there legal restrictions on borrowing/lending money to fund employer-provided stock/financial benefits?

Asked on Oct 17th, 2017 on Labor and Employment - New Jersey
More details to this question:
My company offers an Employee Stock Purchase Plan, as many public companies do. It is funded by payroll deductions only, and provides an approximate 15% discount on purchase of company stock. If I am unable to afford the maximum allowed deductions, but want to take advantage of the program, are there any restrictions or legal issues with me borrowing money from a family member to offset the deductions? For example, I want to contribute $500 per pay check, my brother would give me the $500 every payday, after 6 periods I would have contributed $3k, receive the discount, sell the shares, and we would split the gains in someway. Both pay required taxes. We see it as a personal loan with specific use-of-funds requirement.
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1 ANSWER

Criminal Defense Attorney serving Toms River, NJ at Edward J. Dimon
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You should read the stock offering document carefully. The agreement normally provides a restricted period where you cannot sell the stock within a certain period after purchase. Ed Dimon, Esq. 732-797-1600
Answered on Oct 17th, 2017 at 12:55 PM

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