Gary Posted April 27, 2010 Posted April 27, 2010 A volume submitter plan generates a plan document signature page where a representative of the employer/plan sponsor is listed to sign the plan (eg. an officer of the employer) and the trustee is listed to sign the plan. If the plan has two trustees (say a husband and wife) do both trustees have to sign plan or is one sufficient? Thanks
Mike Preston Posted April 28, 2010 Posted April 28, 2010 Usually there is a provision in the plan that specifies whether one or both must sign when dealing with transactions. In ours, it is a rare case where we will require more than one. However, I'm not sure that provision covers the initial adoption of the plan. Personally, I've never understood why the Trustee is asked to sign the document, itself, unless it is a combination plan and trust. Is it?
Peter Gulia Posted April 28, 2010 Posted April 28, 2010 If any trustee signature might be needed, what does the current trust document (before any amendment that now might be made) say about whether trustees may act by one of them, may act by a majority, or must act by a unanimity? Peter Gulia PC Fiduciary Guidance Counsel Philadelphia, Pennsylvania 215-732-1552 Peter@FiduciaryGuidanceCounsel.com
K2retire Posted April 28, 2010 Posted April 28, 2010 In a document without a separate trust agreement, wouldn't all trustees need to sign agreeing to be the trustees?
Gary Posted April 28, 2010 Author Posted April 28, 2010 The plan and trust are one document. I'll see if there is provision on whether or not both have to sign. Thanks.
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