A client just called me and said that the company name had changed on 11/5/01. This is a calendar year SH 401(k) plan. I will draft a plan amendment to change the employer name and plan name. What about changing the Safe Harbor notice that was distributed on 11/30/01? My gut feeling is that there's no substantive change, so why change the notice. Is this correct?

I would not change the safe harbor notice. All participants were communicated in a timely manner regarding the plan going safe harbor as of 1/1/02.

Plus when you do the plan amendment the employer can hand out new SPDs reflecting the plan name change and I am sure the SPD at that time will also have safe harbor language in it which should suffice.