What happens in a ROBS before either provider matters
A ROBS is not a personal loan from a 401(k). In the model described by the IRS, retirement assets move into a qualified retirement plan, and that plan uses rollover assets to buy stock of a new C corporation.[1] The person starting the company does not receive the retirement money personally. The plan receives employer stock, and the corporation receives cash that can be used by the operating business.
The actors should stay separate in the documents: the individual business owner, the C corporation, the qualified retirement plan, the plan trust or custodial account, any corporate bank account, and any outside professionals. The usual money movement is: eligible retirement account → direct rollover to the new plan → plan trust or custodial account → stock purchase from the C corporation → corporate bank account. The key documents generally include formation documents, bylaws and resolutions, plan and trust documents, rollover forms, trust or custodial account records, stock-purchase records, valuation support, fidelity bond evidence, and later Form 5500 filings.
Timing depends on corporate filing, retirement-account transfer speed, account opening, valuation and stock records, and any lender, franchisor, seller, CPA, attorney, or payroll timeline. A provider's public setup language is useful, but the signed engagement and closing checklist decide who does each step. If you are comparing providers because an exit is near, also estimate ROBS plan-termination costs.
Published costs and reproducible calculations
The DOL's fee guidance matters here because a retirement-plan sponsor should compare the services included in each price, not only the headline amount. The DOL describes plan administration, investment, and individual service fees, and notes that services can be bundled or unbundled.[2] That is why this comparison keeps ROBSPRO's lower floor separate from Nexus's broader public bundle.
How the public scope differs
Realistic ways the choice can change
These are bounded scenarios, not recommendations. A lower fixed cost can be outweighed by missing support, and a broader bundle can be outweighed by unknown pass-throughs or contract limits.
Risks and contract questions to resolve before choosing
The largest risks do not disappear when the setup is done correctly. The plan exchanges diversified retirement assets for private employer stock. If the business loses value, the retirement account can lose value with it. The C corporation also has corporate records, tax filings, payroll decisions, plan administration, employee eligibility, valuation, fidelity bond, Form 5500, correction, and exit issues that continue after funding.
- Who is the named plan sponsor, trustee, plan administrator, and corporate officer for each document?
- Which documents are delivered before money moves: articles, bylaws, resolutions, plan and trust documents, adoption agreement, rollover paperwork, stock subscription, stock certificate, valuation memo, fidelity bond, and account records?
- Who opens or coordinates the corporate bank account, plan trust or custodial account, and any brokerage or recordkeeping account?
- What happens if employees become eligible after launch, and how are notices, testing, census data, statements, and participant fees handled?
- What valuation work is included at formation, annually, after a material event, and at stock redemption or exit?
- What is included for IRS or DOL inquiries, audits, late filings, prohibited-transaction concerns, failed testing, corrections, and attorney or CPA work?
- What are the refund, cancellation, data export, privacy, cybersecurity, termination, and post-cancellation support terms?
Nexus's /terms, /privacy, and /contact paths returned HTTP 404 in this source pass, so those items should be requested directly before relying on any refund, cancellation, liability, privacy, audit, correction, or termination assumption.[7][8][9]
A practical next step
Ask both providers for the same written fact pattern: rollover amount, account type, state of formation, expected employees in the first 24 months, whether the business is a startup or acquisition, expected closing date, outside advisers, payroll provider, valuation needs, and planned exit path. Then request a written schedule showing setup tasks, annual tasks, pass-through charges, who signs each document, what is excluded, and what happens if the plan is audited, corrected, terminated, or transferred.
Sources checked
Sources were checked on July 27, 2026. Provider pages establish what each provider publicly states; IRS and DOL pages provide government context, not provider approval.
[1] IRS ROBS compliance project
https://www.irs.gov/retirement-plans/rollovers-as-business-start-ups-compliance-projectIRS page re-opened July 27, 2026. The IRS describes a ROBS as an arrangement where retirement funds move into a ROBS plan and the plan uses rollover assets to purchase stock of a new C corporation; it also identifies compliance-check questions around plan status, rollovers or direct transfers, participant information, stock valuation and stock purchases, Form 5500/5500-EZ, and Form 1120.
[2] DOL retirement plan fees
https://www.dol.gov/agencies/ebsa/about-ebsa/our-activities/resource-center/publications/understanding-retirement-plan-fees-and-expensesDOL page re-opened July 27, 2026. The DOL explains that plan fiduciaries must understand and evaluate costs, monitor providers, consider bundled and unbundled arrangements, and evaluate cybersecurity practices when providers maintain plan records or participant data.
[3] ROBSPRO fees
https://robspro.com/feesProvider page re-opened July 27, 2026. ROBSPRO states that its Turnkey ROBS package fee is $4000.00; one-half is due in advance and the balance is billed when the package is delivered; a monthly administrative fee starts at 50.00 per month, billed quarterly; first-year administration help includes Form 5500 and consultative services not included in the turnkey fee; later monthly administration is discussed after installation based on employees who might be eligible to participate.
[4] ROBSPRO turnkey package
https://robspro.com/the-turnkey-packageProvider page re-opened July 27, 2026. ROBSPRO lists corporation formation documents, retirement-plan design consultations, capital-structure and valuation consultations, plan documents and operating/disclosure forms, rollover and custodial-account consultations, first-accounting-year consultation on plan operations and IRS or U.S. Department of Labor inquiries, and an administration package with Form 5500 series forms and schedules for an additional quarterly fee determined by employee census.
[5] ROBSPRO home
https://robspro.com/Provider page re-opened July 27, 2026. ROBSPRO states Work Directly With a Lawyer and No Clerks or Salespersons; it also lists Mike Hughes, an address in Denver, Colorado, and phone numbers on the checked pages.
[6] Nexus 401(k) pricing
https://nexus.talcottforge.com/pricingProvider page re-opened July 27, 2026. Nexus states one plan at $5,000 one-time setup plus $500 per quarter. Its listed setup scope includes C-Corp formation, state filing fee, first-year registered agent, C-Corp EIN letter, plan and trust establishment, plan trust EIN filing, direct rollover coordination, stock issuance to the trust, and first-year ERISA fidelity bond. Its listed ongoing scope includes Form 5500 filing, required testing, bond renewal, cap table and valuation recordkeeping, registered-agent annual renewal, and filing-service fees. The comparison table says estimated year-one cost is $7,000 inclusive of Nexus services, annual fair market valuation is included, state annual report/franchise tax/business license are facilitated and billed at cost, and recordkeeping/investment management, payroll/benefits, and business banking are fintech partners with no setup fee.
[7] Nexus terms path
https://nexus.talcottforge.com/termsProvider path re-opened July 27, 2026: HTTP 404. Refund, cancellation, liability, correction, audit, data-retention, and termination terms were not publicly verified from that path.
[8] Nexus privacy path
https://nexus.talcottforge.com/privacyProvider path re-opened July 27, 2026: HTTP 404. Privacy, security, data-use, and retention statements were not publicly verified from that path.
[9] Nexus contact path
https://nexus.talcottforge.com/contactProvider path re-opened July 27, 2026: HTTP 404. Official contact-channel claims were not publicly verified from that path.