Guest KRS401k Posted February 17, 2011 Posted February 17, 2011 Company A is purchased by Company B. Company A has a frozen 401(k) which is currently being audited. If B was to merge A into its' plan what liabilites to B could there be? I know this is a vague question so thanks in advance.
rcline46 Posted February 17, 2011 Posted February 17, 2011 The questions are always, always, always the same. 1. What does the agreement of sale say about the qualified plans? If silent, sue for malpractice and then- 2. Was it a stock purchase or asset purchase? Only when 1 and 2 are know can your question be answered. Who is auditing the plan and why? And lastly, when a plan is merged, anything and everything wrong with either plan taints the merged result. And that is always, always, always the same.
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