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Fiduciary Services & Results


Transactional Trustee

Transactions – from partial to 100% shareholder buyouts, company sales and acquisitions using ESOPs.  We take full independent discretionary authority on behalf of the Trust:

  • Consulting on structure, process timing for not only the stock purchase, but the entire package
  • Performing due diligence 
  • Negotiating on behalf of the ESOP
Ongoing Independent Trustee

The Company has continuing responsibilities after the Transaction.  We help by: 

  • Establishing the annual stock price
  • Managing other assets in the Trust
  • Voting ESOP stock, with pass-through voting when necessary
  • Monitoring and reviewing the plan’s administration, compliance and reporting & disclosure
  • Attending Board meetings (although a Trustee is not a Board member)
  • Answer questions from participants, Board members and others
  • Audit assistance

We have worked with ESOPs in every state.  Our ESOPs vary by:

  • Ownership – partial to 100%
  • Entity type – c-corporations and s-corporations
  • Industry
  • Size
ERISA 3(16)

As an ERISA 3(16) Fiduciary, we take on the day-to-day administrative tasks and are legally responsible for their accuracy and completion.  The Third Party Administrator (TPA) cannot take independent action, only providing advice to fiduciaries, with no legal responsibility, other than the work-product.  As a 3(16) Fiduciary, we provide:

Plan Document Services

  • Interpret and implement plan document provisions
  • Coordinate plan amendments and restatements
  • Administer policies 

Distributions to Participants

  • Determine eligibility of distribution requests and claims for benefits
  • Approve or deny distribution requests
  • Communicate with participants regarding claims
  • Approve or deny account liquidation related to participant benefit claims
  • Processing related to Termination, Retirement, Death, Disability, In-Service distributions, Hardships, Loans and QDROs


  • Ensure annual communications and disclosures are sent to participants, such as 404(c), QDIA, SPD, SMM, Blackout, QACA, Safe harbor


  • Loans and defaults
  • Payroll processing
  • Vesting

Administration & Compliance

  • Review and confirm testing results
  • Review and confirm contributions
  • Assist with refunds for failed testing
  • Assist with corrections for operational errors
  • Form 5500 (signing) & SAR
  • Audit Assistance
Contact us
email us
Apex Fiduciary Services, LLC
P.O. Box 88208
Atlanta, GA 30356
770.410.5023 (fax)
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