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- Any person with discretion over the management or administration of a plan, or who exercises any authority or control over plans assets, is a fiduciary under ERISA. The ESOP trustee, or any other person or committee designated in the plan documents as responsible for making investments in company stock, is a “named fiduciary.”
- ERISA requires that plan fiduciaries act prudently and solely in the interest of plan participants. Three of the most important responsibilities of an ESOP fiduciary are:
- Securing a proper valuation of the stock;
- Assuring that the interests of plan participants are protected in ESOP transactions; and
- Approving purchases and sales of ESOP stock.