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(1) Are you aware that as any decision-maker involved with your 401k plan may be PERSONALLY and FINANCIALLY liable as a fiduciary (Supreme Court ruling: Larue vs. DeWolff, Feb 2008)?
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(2) Does your advisor disclose in writing that they act as a fiduciary to your plan, thereby sharing your liability exposure?
(3) If you have an advisory agreement, does it state if your advisor is an ERISA 3(38) and 3(21) (a)(a)(i) fiduciary, thereby, taking on full investment decisions and liability exposure?
(4) Does your plan have a written Investment Policy Statement (IPS) confirming acceptable investment selection and monitoring procedures?
(5) Do you document procedures and meeting minutes for your required, quarterly plan trustee meetings?
(6) Does your 401k plan have a documented Conflict of Interest policy statement?
(7) Are you aware the DOL targets plans that reimburse investment related fees or expenses (revenue sharing)?
(8) Does your advisor act as an independent ERISA regulated fiduciary?
If you answered NO or NOT SURE to ANY question you may be exposed to an audit or lawsuit, and at personal financial risk. Contact us to show you how to reduce your personal liability, reduce your work load and improve compliance while helping your employees save better for retirement.
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