Anyone can serve as a trustee, but it should be someone with the requisite knowledge and skills or someone who will acquire them. While a seller can be a trustee, it is not a good idea as courts and the DOL will regard it as a per se conflict of interest. Who selects the trustee?…
Read MoreCan an independent trustee be designated for a particular issue? Yes. A reasonable compromise for many companies is to have an inside trustee or trust committee for normal operations but appoint an outside trustee for special circumstances that present strong conflicts of interest, such as an acquisition proposal. What are the arguments for having an…
Read MoreA trustee is the person or institution that normally has the formal responsibility to make sure the plan is operated for “the exclusive benefit of plan participants.” Trustees can be “independent” or “directed.” An independent trustee makes decisions for the plan based on the trustee’s judgment, relying as needed on advice from qualified professionals; a…
Read MoreBaby boomers have changed the face of the U.S. population for more than 70 years and continue to do so as more enter their senior years, a demographic shift often referred to as a “gray tsunami.” The 2020 Census will provide the most up-to-date count of the baby boom generation, now estimated at about 73…
Read MoreDISCLAIMER: The Articles displayed on this website do not constitute legal advice, nor do they substitute for the advice of qualified professionals. While the Articles displayed on this website are designed to provide information regarding the subject matter covered, we cannot guarantee the accuracy of any statements contained therein. If any legal advice or expert assistance is required, the services of qualified professionals should be sought.
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