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401(k) Plan Issues in Stock Purchase M&A Transactions: Plan Termination, Plan Merger, and Other Alternatives


Oct. 17, 2023
Recorded Online

This CLE webinar will provide perspectives and experiences to help counsel navigate through 401(k) plan issues in stock purchase M&A transactions that materially affect the transaction. The panel will discuss key considerations for plan termination and plan merger, avoiding unexpected liability, and complicated rules that apply to the transition of benefits and proficiently implementing them.


The treatment of a 401(k) plan is typically one of the most critical components of any stock purchase merger and acquisition transaction. Counsel must identify potential liabilities when terminating or transitioning 401(k) plans, avoid unanticipated liabilities, and grasp how 401(k) plan liabilities will impact the transaction.

The panel will cover, among other noteworthy topics, the treatment of 401(k) plans and key factors in choosing termination or merger in an M&A transaction. Such plans often carry significant unfunded termination liabilities that may impact the buyer's balance sheet and produce joint and several liabilities for the controlled group of the plan sponsor. Alternatively, buyers may prefer a plan merger for a period following closing and later merge that plan into the buyer's plan.

A termination or merger of a 401(k) plan can have a significant impact on M&A transactions and counsel must understand complex rules and implement strategies to minimize potential liability.

Listen as our experienced panel provides best practices for avoiding significant M&A liabilities regarding benefits subject to ERISA. The panel will provide a deep dive into plan termination and plan merger, as well as complex rules that apply to the transition of benefits.


  1. 401(k) plan issues in M&A transactions
  2. Plan termination
  3. Plan merger
  4. Best practices to avoid unanticipated liabilities

More Information, How to Register

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