Is This An ASG situation?

[mming]

I don't think it is but wanted to make sure, as I couldn't find a thread on this.  Company A, which sponsors a 401k plan, is owned 80% by Joe and 20% by Mike - only Joe is employed by A.  Mike also owns 100% of company B, and although both companies frequently work together for a common client, they would not be considered ASG members as they are in the construction biz., and therefore, not service orgs.  Would an ASG situation exist if Mike were to become an employee of A without anything else changing?   

 

[Below Ground]

Assuming I am reading your question right, the fact that the firms are not service organizations rules out ASG.  Mike being an employee has no impact.