Guest shaul Posted April 10, 2012 Share Posted April 10, 2012 A company's board was required to adopt an interim amendment by the end of the calendar year. One board member adopted in writing, while the others (who had been sent a copy of the amendment by e-mail) simply replied before the end of the year in an e-mail indicating that they had reviewed and approved the amendment. Does anyone have any experience indicating how the IRS would likely react to this form of adoption? Presumably it would be permissible under E-Sign, but the 2011 ASPPA Q&As indicate that the idea of electronic adoption is "controversial" within the IRS. Thanks very much. Link to comment Share on other sites More sharing options...
Kevin C Posted April 11, 2012 Share Posted April 11, 2012 Does the plan's amendment procedure require more than one signature on an amendment? Link to comment Share on other sites More sharing options...
GMK Posted April 11, 2012 Share Posted April 11, 2012 The company by-laws might also say something about procedures for Board actions without a meeting. Link to comment Share on other sites More sharing options...
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