Spin-off

[Archimage]

I have a company that has left a controlled group due to ownership change. All participants received a safe harbor notice for the plan of the controlled group. The departing company is going to copy the old plan. Will a new safe harbor notice need to be distributed?

[rcline46]

My vote is yes because it is a new plan.

[IRC401]

Will the plan of the controlled group be split, or will the spun-off subsidiary set up a new plan and then accept transfers from the old plan?

If the plan is split, I don't think that a new notice is needed. If a new plan is established, then I agree that a new notice should be given.