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Dennis Povloski

Class Action Suit - Trustee Responsibility?

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Wasn't sure where to post a question like this....

One of my clients received a packet concerning settlement of a class action suit against one of the stocks in their plan. The plan consists of individual participant directed brokerage accounts.

Does the trustee have any responsibility for responding to the settlement claim?

Because it is in a participant directed account, does the responsibility shift to the participant?

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The terms of the trust should specify whether or not matters such as proxy voting, tender offers ,and other shareholder matters should be handled by the legal owner (trustee) or another fiduciary or passed through to the beneficial owner (participant). If passed through to the participant, the participant would then direct the trustee concerning any action to take or not take with respect to the matter.

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