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SEC Publishes New Guidance on Pooled Employer Plans
Mayer Brown LLP
[Guidance Overview] May 6, 2026 "New Securities Act Sections CFI 118.01 clarifies that, if a PEP meets the applicable requirements of (i) ERISA and (ii) the Internal Revenue Code, and otherwise meets the conditions of Section 3(a)(2) of the Securities Act of 1933, as amended (the 'Securities Act'), the Staff will not object if the PEP claims the Section 3(a)(2) exemption for any interest or participation in a 'single trust fund' even though multiple, unrelated employers participate in the PEP.... New Securities Act Forms CFI 126.45 provides that an employer participant in a PEP may register offers and sales of its own securities to employees on Form S-8." MORE >> |
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