Common use of Action by Employer Clause in Contracts

Action by Employer. Any action required of the Employer under the Plan shall be executed by the sole proprietor (if the Employer is a sole proprietorship), by a general partner or member of the Employer (if the Employer is a partnership or limited liability company), or by the board of directors or a duly authorized officer of the Employer (if the Employer is a corporation or other similarly organized business entity). If the Employer is no longer in existence, and the Plan does not specify the person to take an action, or otherwise serve in the place of the Employer in connection with the operation of the Plan, the Plan Administrator shall so act or serve, but if there is no person serving as Plan Administrator, such action shall be taken by a person selected following the approach referred to in paragraph 12.2. The Trustee and/or Custodian shall have no responsibility for inquiring into the authority of any person purporting to act on behalf of an Employer and shall not assume any such responsibility.

Appears in 8 contracts

Samples: Prototype Defined Contribution Plan (1st Constitution Bancorp), Prototype Defined Contribution Plan (Wellesley Bancorp, Inc.), Prototype Defined Contribution Plan (Savannah Bancorp Inc)

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Action by Employer. Any action required of Action by the Employer under the Plan shall be executed carried out by the sole proprietor (proprietor, if the Employer is a sole proprietorship), by a general partner or member of the Employer (Employer, if the Employer is a partnership or limited liability company)partnership, or by the board of directors or a duly authorized officer of the Employer (Employer, if the Employer is a corporation or other similarly organized business entity)corporation. If the Employer is no longer in existence, and the Plan does not specify the person to take an action, or otherwise serve in the place of the Employer Employer, in connection with the operation of the Plan, the Plan Administrator shall so act or serve, but if there is no person serving as Plan Administrator, such action shall be taken by a person selected following the approach referred to in paragraph 12.2. The Trustee and/or Trustee/Custodian shall have have, and assume, no responsibility for inquiring into the authority of any person purporting to act on behalf of an Employer and shall not assume any such responsibilityEmployer.

Appears in 5 contracts

Samples: Prototype Defined Contribution Plan (FNB United Corp.), Prototype Defined Contribution Plan (United Community Bancorp), Nonstandardized Adoption Agreement (Banctrust Financial Group Inc)

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Action by Employer. Any action required of Action by the Employer under the Plan shall be executed carried out by the sole proprietor (proprietor, if the Employer is a sole proprietorship), by a general partner or member of the Employer (Employer, if the Employer is a partnership or limited liability company)partnership, or by the board of directors or a duly authorized officer of the Employer (Employer, if the Employer is a corporation or other similarly organized business entity)corporation. If the Employer is no longer in existence, and the Plan does not specify the person to take an action, or otherwise serve in the place of the Employer Employer, in connection with the operation of the Plan, the Plan Administrator shall so act or serve, but if there is no person serving as Plan Administrator, such action shall be taken by a person selected following the approach referred to in paragraph 12.2the last two sentences of Section 9.3. The Trustee and/or Custodian shall have have, and assume, no responsibility for inquiring into the authority of any person purporting to act on behalf of an Employer and shall not assume any such responsibilityEmployer.

Appears in 1 contract

Samples: Standardized Adoption Agreement (Biomune Systems Inc)

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