jetfaninmn
Jan 25 2006, 05:55 PM
The ABC Company has a 401(k) PS Plan. The company is sold to John Smith as an asset sale. John wants to keep the plan intact.
What is the best option?
pax
Jan 25 2006, 06:02 PM
For whom? Do buyer and seller want the same outcome?
Need more facts.
Locust
Jan 26 2006, 09:20 AM
2 things to consider: the buyer in an asset sale can assume the plan by formally agreeing to be the plan sponsor; review the plan document to see how it defines "severance from employment". You want to make sure that the transaction is structured so it is not considered a severance from employment of the employees in the sold company, as severance from employment would entitle them to be paid. [I get confused trying to remember how the severance from employment rules work in this situation - but the plan document should say - if it's a prototype there's probably a section where this definition is established.]
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