What a restatement means
When you open a Solo 401(k) at a brokerage firm, the plan operates under that firm's pre-approved prototype document, which is a standardized template that limits investment options to what the firm offers.
When the plan is restated, the EIN, contribution history, and participant accounts all remain intact. The governing document is replaced; the plan's identity and tax record are unchanged. You become both the plan sponsor and the trustee, with Checkbook Control over the plan's trust account. From that point forward, the plan operates identically to a new self-directed Solo 401(k), with the same contribution rules, same tax treatment, same reporting requirements. This is not a rollover or a transfer. The existing company plan continues without interruption under new governing terms.
How the process works
Because every existing plan document is different, a restatement is a custom process rather than a standard application. To get started, you will need to have a conversation with our team and provide a copy of your current plan document for review. Our team will prepare a restated plan document appropriate to your specific plan and business structure.
What happens to brokerage assets
The prior brokerage plan account does not need to be closed immediately. It can remain open for a reasonable period while the restated plan is established, the new trust bank account is opened, and any brokerage assets are transitioned.
For ongoing securities investing, most major brokerage firms offer what is commonly referred to as a non-prototype or non-custodial brokerage account. The account is opened directly in the name of the plan trust, and the brokerage acts purely as a broker rather than a custodian. This type of account is compatible with a self-directed Solo 401(k). You can open one at the same firm or a different one. Moving cash or securities from the prior brokerage account into this new account is not a rollover. Both accounts belong to the same plan trust, so the movement is simply an internal reallocation of plan assets.
Once the transition is complete, the prior brokerage account should be closed.
Frequently Asked Questions
Do I need to liquidate my existing brokerage holdings? Not immediately, but they will need to move. Securities holdings can be transferred in-kind to a new non-custodial brokerage account titled in the name of your Solo 401(k) trust, without selling and repurchasing. The prior brokerage account must be closed once the transition is complete.
Will my plan's EIN or contribution history be affected? No. The plan's EIN stays the same, and your contribution history is unaffected. A restatement updates the governing document, not the plan's identity or tax record.
How long does the restatement process take? Timeline varies based on the complexity of your current plan document and business structure. Contact us to discuss your specific situation and get an estimate.