Questions to Ask Your ROBS Provider Generator
Generate a neutral, evidence-seeking list of written questions for ROBS provider diligence from your lifecycle stage and selected concern categories.
Direct answer: use this tool when a sales call, proposal, renewal, audit-support promise, correction discussion, provider transition, or exit plan leaves unanswered responsibility, fee, document, deadline, data, or professional-boundary questions. It asks for written evidence rather than ranking providers or giving legal or tax advice.
Example output is shown until you generate your own list.
Ask now
Which contract section lists every ROBS setup, plan administration, corporate, tax, legal, valuation, custodian, payroll, and sponsor duty, and who is the named responsible party for each duty?
- ID:
- scope-responsibility-matrix
- Group:
- Scope and responsibility
- Why ask:
- A provider may administer parts of the arrangement without taking over the sponsor's fiduciary, legal, tax, valuation, payroll, or corporate duties.
- Evidence to request:
- Service agreement scope table, engagement letter, responsibility matrix, and exclusions.
- Role boundary:
- Provider administration is separate from sponsor fiduciary duties and from legal, tax, valuation, custodian, payroll, lender, and corporate roles unless a written engagement says otherwise.
For each included service, what deliverable will you provide, what deadline applies, what input do you need from the plan sponsor, and what happens if either side misses a deadline?
- ID:
- scope-deliverables-deadlines
- Group:
- Scope and responsibility
- Why ask:
- Written deliverables and deadlines make non-answers visible without assuming the provider controls every dependency.
- Evidence to request:
- Implementation calendar, service-level terms, renewal terms, and sponsor-information checklist.
- Role boundary:
- Provider administration is separate from sponsor fiduciary duties and from legal, tax, valuation, custodian, payroll, lender, and corporate roles unless a written engagement says otherwise.
Which services require a separate ERISA attorney, tax professional, CPA, payroll provider, valuation professional, custodian, or lender, and does your agreement state that boundary in writing?
- ID:
- scope-professional-boundaries
- Group:
- Scope and responsibility
- Why ask:
- ROBS provider administration should be distinguished from independent legal, tax, valuation, custodial, payroll, and lending roles.
- Evidence to request:
- Exclusions, professional-referral terms, legal/tax disclaimer, and coordination policy.
- Role boundary:
- Provider administration is separate from sponsor fiduciary duties and from legal, tax, valuation, custodian, payroll, lender, and corporate roles unless a written engagement says otherwise.
Which C corporation formation documents, bylaws, resolutions, EIN filings, plan adoption documents, trust documents, and employer-stock purchase documents are included, and which contract sections identify them?
- ID:
- setup-c-corporation-documents
- Group:
- Setup, plan, corporation, stock, and valuation
- Why ask:
- The standard structure depends on a C corporation, qualified plan, rollover, and plan purchase of employer stock.
- Evidence to request:
- Formation checklist, plan document package, stock subscription documents, corporate minutes, and trust documents.
- Role boundary:
- Provider administration is separate from sponsor fiduciary duties and from legal, tax, valuation, custodian, payroll, lender, and corporate roles unless a written engagement says otherwise.
Who performs the initial and later employer-stock valuation, what valuation standard or source document is used, what fee applies, and what responsibility remains with the plan fiduciary?
- ID:
- setup-stock-valuation-source
- Group:
- Setup, plan, corporation, stock, and valuation
- Why ask:
- IRS ROBS materials flag valuation issues, and DOL fiduciary principles require prudence when employer stock is involved.
- Evidence to request:
- Valuation engagement letter, valuation report sample, fee schedule, and fiduciary-responsibility language.
- Role boundary:
- Provider administration is separate from sponsor fiduciary duties and from legal, tax, valuation, custodian, payroll, lender, and corporate roles unless a written engagement says otherwise.
If you mention an IRS determination or opinion letter, where does the written material explain that it addresses plan-document form and does not approve this specific ROBS transaction or future operation?
- ID:
- setup-determination-letter-limits
- Group:
- Setup, plan, corporation, stock, and valuation
- Why ask:
- IRS ROBS guidance cautions that plan-document approval does not resolve operational compliance questions.
- Evidence to request:
- Determination/opinion-letter explanation, sales disclosure, plan-document adoption materials.
- Role boundary:
- Provider administration is separate from sponsor fiduciary duties and from legal, tax, valuation, custodian, payroll, lender, and corporate roles unless a written engagement says otherwise.
Where is the full fee schedule for setup, administration, employee count changes, testing, valuation, Form 5500, amendments, legal review, correction, audit support, data export, provider transition, and plan termination?
- ID:
- fees-total-fee-schedule
- Group:
- Fees, renewals, third-party charges, and termination charges
- Why ask:
- DOL service-provider guidance emphasizes understanding direct and indirect fees and what services are bundled or unbundled.
- Evidence to request:
- Master fee schedule, renewal terms, third-party fee disclosure, and termination-fee section.
- Role boundary:
- Provider administration is separate from sponsor fiduciary duties and from legal, tax, valuation, custodian, payroll, lender, and corporate roles unless a written engagement says otherwise.
What renewal term, cancellation deadline, fee-increase notice, minimum commitment, refund rule, and surviving charge applies if the sponsor changes provider or terminates the plan?
- ID:
- fees-renewal-increases
- Group:
- Fees, renewals, third-party charges, and termination charges
- Why ask:
- Provider cost can change after setup, especially during renewal, transition, or termination.
- Evidence to request:
- Renewal clause, cancellation clause, refund clause, and surviving-fee language.
- Role boundary:
- Provider administration is separate from sponsor fiduciary duties and from legal, tax, valuation, custodian, payroll, lender, and corporate roles unless a written engagement says otherwise.
What fees, insurance, protection program, or reimbursement limits apply to audit support, and what conditions void or limit that support?
- ID:
- audit-fees-insurance
- Group:
- Audit support, representation, and exclusions
- Why ask:
- Provider protection language should not be assumed to cover every inquiry, correction, tax, legal, or representation cost.
- Evidence to request:
- Audit-support addendum, insurance certificate or summary, exclusions, conditions, and fee schedule.
- Role boundary:
- Provider administration is separate from sponsor fiduciary duties and from legal, tax, valuation, custodian, payroll, lender, and corporate roles unless a written engagement says otherwise.
Verify in writing
No marked answers yet. Mark already answered IDs to separate verification items.
The output is deterministic, deduplicated, capped, print-friendly, and copy-friendly. It does not use AI, network calls, query strings, storage, cookies, clipboard permissions, scores, ranks, provider facts, or lead capture.
How to use the questions
Select one lifecycle stage, then choose 1 to 8 concerns that matter most right now. Generate the list, send the ask-now questions to the provider, and move questions to verify-in-writing only when a response cites a contract section, source document, responsible party, fee basis, deadline, deliverable, or exclusion.
Example: if a provider says audit support is included, ask which agency inquiries are covered, who prepares the response, whether professional representation is included, what deadlines apply, which exclusions void support, and what fee applies outside the stated scope.
Why written answers matter
DOL fiduciary materials treat service-provider selection and monitoring as fiduciary functions and emphasize understanding services, fees, provider qualifications, documentation, and ongoing monitoring [3] [4]. A written answer creates a record the sponsor can compare against the contract, renewal terms, annual deliverables, correction support, transition obligations, and later exit needs.
For ROBS, written scope is especially important because the structure touches a C corporation, a qualified plan, employer stock, valuation, rollovers, filings, employee eligibility, corrections, and possible plan termination [1] [2]. The provider may assist with administration, but the sponsor still needs to know which responsibilities remain outside the provider engagement.
Red flags and non-answer interpretation
- A response says a service is handled but will not identify the agreement section, deliverable, deadline, responsible party, exclusion, or fee basis.
- The provider describes legal, tax, valuation, payroll, custodian, or fiduciary responsibility as included without naming the licensed or contracted party performing it.
- Audit, correction, cybersecurity, data-export, provider-change, or termination support is described generally but excluded in the contract or priced only after a problem occurs.
- A provider treats an IRS determination or opinion letter as approval of the specific ROBS transaction rather than plan-document support [1] [2].
A non-answer does not prove a provider is unsuitable. It means the sponsor should keep asking for the written source before relying on that service claim.
Limitations, privacy, and disclosure
This educational generator does not provide legal, tax, fiduciary, valuation, investment, or provider-selection advice. It does not evaluate any provider facts, recommend a provider, or decide whether a ROBS fits a reader situation. Review provider agreements with appropriate legal, tax, benefits, valuation, payroll, and financial professionals before signing or changing course.
Privacy: the form runs in the browser and does not ask for names, emails, phone numbers, account balances, provider names, cookies, storage, query strings, accounts, or clipboard permission. Authorship: Dennis Shirshikov. Published and last modified Aug. 13, 2026. 401kROBS may maintain commercial relationships, but this tool has no ranking, lead capture, or provider recommendation.
Authoritative sources
- IRS ROBS compliance project
IRS describes ROBS arrangements, C corporation stock purchases, determination-letter limits, Form 5500 and Form 1120 filing issues, valuation concerns, prohibited transactions, nondiscrimination concerns, promoter fees, bankruptcy, liens, and dissolution findings. Checked Aug. 13, 2026.
- IRS ROBS guidelines memorandum
IRS states ROBS arrangements are not noncompliant per se but should be developed case by case, and discusses C corporation formation, plan creation, rollovers or transfers, employer-stock purchases, valuation, prohibited transactions, and discrimination issues. Dated Oct. 1, 2008.
- DOL Meeting Your Fiduciary Responsibilities
DOL explains fiduciary duties, service-provider selection and monitoring, reasonable expenses, plan documents, participant disclosures, Form 5500 reporting, prohibited transactions, bonding, and cybersecurity references. Checked Aug. 13, 2026.
- DOL selecting and monitoring service providers
DOL tells plan officials to identify needed services, provide the same information to providers, compare covered and excluded services, ask about fees, references, bonding, insurance, and document the process. Checked Aug. 13, 2026.
- DOL retirement service provider fees
DOL fee disclosure tool prompts sponsors to compare administrative charges, startup or conversion charges, termination fees, and provider compensation. Checked Aug. 13, 2026.
- DOL cybersecurity tips for hiring service providers
DOL EBSA says fiduciaries should ask providers about security standards, audit results, breaches, insurance, confidentiality, breach notice, and contract terms. Checked Aug. 13, 2026.
- IRS EPCRS overview
IRS describes SCP, VCP, and Audit CAP correction routes and VCP submission mechanics. Checked Aug. 13, 2026.
- DOL DFVCP
DOL describes the Delinquent Filer Voluntary Compliance Program for certain overdue Form 5500 and Form 5500-SF filings. Checked Aug. 13, 2026.
- IRS terminating a retirement plan
IRS explains that a plan with undistributed assets remains an ongoing plan and must continue to satisfy qualification requirements until assets are distributed. Checked Aug. 13, 2026.
FAQ
Does this generator answer the questions for providers?
No. It creates questions to ask a ROBS provider and evidence to request. It does not answer for any provider, score providers, rank providers, or recommend a provider.
Should I enter personal or plan data?
No. The generator only needs a lifecycle stage, selected concern categories, and optional already-answered question IDs. It runs in the browser without network calls, storage, cookies, query strings, accounts, or lead capture.
How should I treat a non-answer?
A non-answer is a diligence signal, not automatic proof of poor service. Ask for the contract section, named responsible party, deadline, deliverable, exclusion, fee basis, or source document that supports the response.