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The ROBS Process

Here’s what happens from eligibility screening to a funded business. Your dashboard tracks the active work across application, review, payment, incorporation, plan setup, rollover funding, and capitalization.

Stage 1: Application

You complete the ROBS application with personal details, retirement account information, business plans, and supporting documents. Progress is auto-saved - you can leave and come back anytime. What you’ll provide:
  • Personal information (name, date of birth, contact details)
  • Retirement account types, balances, and custodian details
  • Business name, jurisdiction preference, industry, and intended use of funds
  • Most recent retirement account statement and government-issued ID
  • Compliance certifications (5 acknowledgments covering prohibited transactions, ROBS requirements, and employment commitment)

Stage 2: Expert Review

After submission, Talcott Forge reviews your application for eligibility, documentation completeness, and ROBS compliance fit.
  • Compliance review checks your application against IRS regulations, case law, and audit guidance
  • Expert review verifies eligibility, documents, and business feasibility
  • We may schedule a consultation call to discuss your specific situation, answer questions, and finalize the structure
  • You’ll receive email updates and can track status from your dashboard

Stage 3: Payment

After your application is approved, you’ll review and accept the Client Setup Agreement - a plain-language summary of the services Talcott Forge will deliver, the fee structure, and your responsibilities as a founder. Once accepted, you pay the non-refundable $5,000 one-time setup fee through Stripe checkout. Quarterly plan administration fees are $500/quarter and begin later - after the ROBS transaction is complete and the Ongoing Services Agreement is in effect.
No payment is required before approval. The Client Setup Agreement must be reviewed and accepted before checkout is enabled.

Stage 4: Incorporation

With payment confirmed, we form your C-Corporation:
  • Name approval - we confirm your company name’s availability with the state
  • Officer designation - you confirm the officers and directors for your corporation
  • State filing - C-Corp formed in the jurisdiction selected during review
  • EIN - IRS Employer Identification Number obtained
  • Corporate governance - bylaws, initial board actions, and certificates generated
Formation documents that require your signature are completed through the Nexus e-signature workflow from your dashboard. Signature fields appear directly where needed, and if you sign in more than one capacity, Nexus handles the required signatures in one signing session where applicable.

Stage 5: Plan Setup

Once incorporation is complete and formation documents are signed, the 401(k) plan is established:
  • Plan documents generated: Plan document, Adoption Agreement, Trust Agreement, Summary Plan Description, and funding policy.
  • Plan documents require signature: sent for electronic signature through your dashboard. As with formation documents, dual-capacity signing (e.g., as both Plan Trustee and Company officer) is handled in a single signing session.
  • Corporate governance: stock certificates, purchase agreements, and board resolutions are generated and staged. Transaction-time documents are sent for signature later, once your rollover funds have arrived.
Required plan documents must be signed before proceeding to the funding stage. The rollover cannot begin until the plan is formally established.

Stage 6: Rollover & Funding

The final active stage: getting your business funded. Your funding dashboard guides you through four phases:
  1. C-Corp bank account: start the business bank account process before rollover funding begins, then confirm the final account details before capitalization.
  2. Custodian account: open the designated custodial account to hold the 401(k) plan trust assets. Nexus guides the setup details and account-title information you need.
  3. Rollover transfers: contact your current retirement account custodians to initiate direct rollovers into the new 401(k) plan trust. We track each transfer and check in with you along the way. If you’re consolidating multiple retirement accounts, the dashboard handles each transfer individually and lets you stagger them as custodians process.
  4. Capitalization: once all rollover funds have arrived, you review and sign the Ongoing Services Agreement as its own step. The transaction documents (Stock Purchase Agreement, Stock Certificate, Board Resolution, initial valuation record, and capitalization records) are finalized and sent for signature. After required signatures are complete, the 401(k) plan purchases shares in the C-Corporation and the business is funded.
Ongoing administration begins after capitalization, including compliance deadline tracking, annual filing support, required plan maintenance, valuation coordination, and entity administration support.

Stage 7: Document Library

Documents are generated as your application reaches each milestone. As soon as a document is created, it appears in your dashboard. Your document library shows the complete set of generated and signed materials:
  • Formation documents (Articles of Incorporation, Bylaws, EIN Letter)
  • Plan documents (Plan Document, Adoption Agreement, Trust Agreement, Summary Plan Description, Funding Policy)
  • Transaction documents (Stock Purchase Agreement, Stock Certificate, Board Resolutions, Initial Valuation Record, Cap Table / Stock Ledger Record)
  • Governance documents (Indemnification Agreement, IP Assignment, Certificate of Secretary)
See the complete document list for details on every document.

Check Your Eligibility

Ready to start? Check your eligibility first.