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Company A maintains a 401(k) plan, consisting of only 1 participant, the owner.  Supposedly the ER terminated this plan within the last 6 months.  Assets possibly not yet distributed. 

Company A purchases Company B in a stock sale, within the last month.  Company B maintains a 401(k) plan. 

Can Company A "inherit" a plan in a stock sale without violating the 12 month successor rule? 

If Company A's 401(k) plan assets are not yet distributed, can we rescind the plan termination and merge the Company B plan into Company A's plan?  

If the assets have been distributed, what options exist? 

Or does the 12 month successor rule not apply when the sponsorship of a plan is the result of the acquisition of a company in a stock sale?  

Thank you. 

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