401k Plan Referral with No Plan Document In Place

[Emily]

We have a 401k safe harbor plan that was referred to us however they have no plan document in place.  2 participants, they started making deferrals and 3% safe harbor into the plan in 2024 and in 2025 had a rollover contribution of $500k+.  Has anyone ever dealt with having no plan document?  In my research, I can only find corrections for correcting missed restatements and none for entirely not having a plan document.

[Bill Presson]

I would recommend ERISA counsel immediately. We’ll help with missing restatements but not the lack of actually establishing a plan. 

[david rigby]

Nope.  Decline.  There is a reason for the referral, and it's probably a deeper problem than you know.

[ESOP Guy]

Add my voice to walk away.  Some revenue isn't worth the cost of dealing with their issues and attitude of not care about small things like the law.   

[RatherBeGolfing]

Agreed.  Let the referring party know that what they need is an ERISA atty, and that you would be happy to take it on once corrected.