Plan Document Never Signed

[Sully]

Question about whether or not a plan is eligible for a VCP filing. (Takeover plan, of course).

• 401(k) Plan was established effective 1/1/2003.
• The original plan document was NEVER SIGNED and no required amendments have been done since the plan was first established. The partner that was supposed to sign the document is long gone so there is no chance of getting his signature on any documents.
• The plan has always had less than 20 participants.
• The employer handled the administration of the plan on their own.

Questions:

• Can we do a VCP filing for this plan to bring the plan document up to date? I am concerned that since the plan document was never signed it may not even be eligible for a VCP filing.
• If we can file under VCP would the user fee be $750? This assumes the plan document issue is the only problem.

Thanks in advance for any thoughts.

[PensionPro]

http://benefitslink.com/boards/index.php?/topic/32034-unsigned-plan-document-or-amendments/