Registration under 1933 Act when 401k deferrals can go to ER stock?

[Guest Pete Swisher]

It's my understanding when a plan offers employer securities and allows a participant to use deferral money to invest in the employer securities, the plan is no longer exempt from registration under the 1933 Act. True? Citations? I've seen info under 17CFR230, Reg C, and Form s-8 that suggest it's true, but I'm looking for definitive cite/rules.

Thanks.

[QDROphile]

SEC Release No.33-6188. Have fun reading it.

[Kirk Maldonado]

You should also look at SEC Release 33-6281.