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Legal Update

SEC’s Notice and Access Delivery Method of Proxy Materials Necessitates Caution Regarding ERISA 404(c) Plans

17 February 2009
Mayer Brown Legal Update
Even though the E‐Proxy rules permit distribution of proxy materials via the Internet, sponsors of defined contribution retirement plans (such as 401(k) plans) should be mindful of the disclosure obligations under the Employee Retirement Income Security Act of 1974, as amended (ERISA), if the materials are being distributed in connection with a plan that is intended to be a “404(c) plan.”

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