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Virginia Model Notice of Blackout Periods under Individual Account Plans

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Multi-State
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US-356EM
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This model notice informs employees of blackout periods under individual investment account plans.

The Virginia Model Notice of Blackout Periods under Individual Account Plans is a comprehensive and essential document that outlines crucial information about blackout periods in employee retirement plans operating in the state of Virginia. Blackout periods refer to specific time frames during which participants in such plans are restricted from making transactions or accessing their accounts. This notice is required to be provided by plan administrators to ensure transparency and compliance with federal regulations, specifically the Employee Retirement Income Security Act (ERICA) and the Virginia Uniform Prudent Investor Act (VIA). The Virginia Model Notice of Blackout Periods contains various elements that help participants understand the nature and implications of blackout periods, safeguarding their rights and interests. It includes a detailed description of what a blackout period is, the reasons it may be imposed, and the impact it has on participants. Additionally, it enumerates the rights and protections afforded to participants during such periods, emphasizing the need for plan administrators to act prudently and in the best interest of plan participants. Keywords: 1. Virginia Model Notice: This refers to the standardized template developed by the state of Virginia to be used by plan administrators when notifying participants about blackout periods in individual account plans. 2. Blackout Periods: These are specific time frames during which participants are prohibited from carrying out transactions or accessing their accounts under individual account plans. 3. Individual Account Plans: These are retirement plans established by employers that provide participants with individual accounts where contributions are made, such as 401(k) plans or similar arrangements. 4. Employee Retirement Income Security Act (ERICA): This federal law sets standards for private employee pension and welfare benefit plans, governing matters such as disclosure, fiduciary responsibilities, and participant protections. 5. Virginia Uniform Prudent Investor Act (VIA): This state law outlines the fiduciary duties of investment managers, requiring them to act prudently and in the best interests of plan participants. Types of Virginia Model Notice of Blackout Periods under Individual Account Plans: While there may not be multiple types of Virginia Model Notices specifically related to black out periods under individual account plans, there can be variations in the content depending on the type of plan or circumstances leading to the imposition of a blackout period. For instance, the notice may differ for 401(k) plans, profit-sharing plans, or other individual account plans, but all should comply with the Virginia Model Notice guidelines provided by the state.

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FAQ

A blackout period in financial markets is a period of time when certain peopleeither executives, employees, or bothare prohibited from buying or selling shares in their company or making changes to their pension plan investments. With company stock, a blackout period usually comes before earnings announcements.

Blackout List means a list of Securities in which personal trading is prohibited. Generally, the Securities included on the list are ETFs.

A blackout notice should contain information on the expected beginning and end date of the blackout. The notice should also provide the reason for the blackout and what rights will be restricted as a result. The notice must specify a plan contact for answering any questions about the blackout period.

The new law says that written notice must be given to participants and beneficiaries at least 30 days before the blackout period begins and not more than 60 days before. Failure to issue notification of a blackout period may result in severe penalties.

Employers must distribute the SAR to each plan participant covered under the plan during the applicable plan year, including COBRA participants and terminated employees who were covered under the plan. For instance, the Form 5500 (and the associated SAR) filed in 2020 pertain the to the plan that was offered in 2019.

There is a mandatory 2 week blackout period for all employees of the Company prior to the release of quarterly and annual financial statements which shall continue until two trading days after the time such information has been released to the public.

A blackout period is a temporary interval during which access to certain actions is limited or denied. The primary purpose of blackout periods in publicly traded companies is to prevent insider trading. A blackout period for an employee retirement plan temporarily prevents participants from modifying their plans.

How long does a blackout period last? A blackout period usually lasts about 10 business days. However, it may need to be extended due to unforeseen circumstances, which are rare; but there is no legal maximum limit for a blackout period.

Black-out periods. occur when the ability of plan participants to take certain actions is temporarily. suspended. Sarbanes-Oxley requires that participants receive advance written. notice of certain black-out periods, and restricts the ability of insiders to trade in.

More info

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Virginia Model Notice of Blackout Periods under Individual Account Plans