Late amender

[R. Butler]

We've got a takeover plan never amended for GUST. No GUST certification letter & it does not appear that prior prototype provider submitted for GUST letter before 12/31/00. Plan will adopt our prototype. It seems to me that plan can correct under VCP. Using VCP the plan sponsor is required to submit for a determination letter.

Is my understanding correct?

Thanks in advance for any guidance.

[Guest mcw]

That is my understanding. In fact, I have a couple of late amenders that I am submitting under VCP. You may already know this, but there is a new Rev Proc covering VCP - Rev Proc 2003-44.