WHY IS A BDRA LEGAL?
In short, retirement law specifically allows these transactions, as long as you follow the rules.
The Employee Retirement Income Security Act of 1974 (or ERISA) is a federal law which governs
retirement accounts. It has specific guidelines which allow businesses to sell their company stock
to employee retirement accounts in exchange for cash. As long as your business abides by these
requirements, the BDRA is legal.