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Company stock in 401(k) plans: Best practices for managing fiduciary responsibilities

Discover best practices for offering company stock in 401(k) plans. Reduce fiduciary risk, encourage diversification, and protect participants and sponsors.

Including company stock in 401(k) plans can be a strategic move for companies aiming to attract and retain talent while optimizing cash flow. However, this practice can introduce significant fiduciary responsibilities and legal risks, which have led to a decline in its prevalence. Despite this, approximately 50% of large companies continue to offer company stock in their 401(k) programs, recognizing the potential benefits for both participants and plan sponsors.¹

Our white paper outlines key best practices for plan sponsors who offer-or are considering offering company stock in their 401(k) plans. Here are some highlights into how to reduce risk:

Encourage diversification and avoid over-concentration
Provide balanced, targeted communications to participants about all available investment options
Work with an independent fiduciary, allowing the plan sponsor to transfer additional fiduciary responsibility to a third party who must comply with ERISA standards

While offering company stock in 401(k) plans may present legal risks, these can be managed effectively with appropriate strategies. Working with an experienced independent fiduciary can help maintain the benefits for both participants and plan sponsors.

Download The White Paper

Footnotes:

¹Source: Fidelity, “The Evolving Role of Company Stock within 401(k) Plans,” October 2024; large companies defined as those with over 25,000 employees.

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When Morgan Stanley Smith Barney LLC, its affiliates and Morgan Stanley Financial Advisors and Private Wealth Advisors (collectively, “Morgan Stanley”) provide “investment advice” regarding a retirement or welfare benefit plan account, an individual retirement account or a Coverdell education savings account (“Retirement Account”), Morgan Stanley is a “fiduciary” as those terms are defined under the Employee Retirement Income Security Act of 1974, as amended (“ERISA”), and/or the Internal Revenue Code of 1986 (the “Code”), as applicable. When Morgan Stanley provides investment education, takes orders on an unsolicited basis or otherwise does not provide “investment advice”, Morgan Stanley will not be considered a “fiduciary” under ERISA and/or the Code. For more information regarding Morgan Stanley’s role with respect to a Retirement Account, please visit www.morganstanley.com/disclosures/dol. Tax laws are complex and subject to change. Morgan Stanley does not provide tax or legal advice. Individuals are encouraged to consult their tax and legal advisors (a) before establishing a Retirement Account, and (b) regarding any potential tax, ERISA and related consequences of any investments or other transactions made with respect to a Retirement Account.

This material may provide the addresses of, or contain hyperlinks to, websites. Except to the extent to which the material refers to website material of Morgan Stanley Wealth Management, the firm has not reviewed the linked site. Equally, except to the extent to which the material refers to website material of Morgan Stanley Wealth Management, the firm takes no responsibility for, and makes no representations or warranties whatsoever as to, the data and information contained therein. Such address or hyperlink (including addresses or hyperlinks to website material of Morgan Stanley Wealth Management) is provided solely for your convenience and information and the content of the linked site does not in any way form part of this document. Accessing such website or following such link through the material or the website of the firm shall be at your own risk and we shall have no liability arising out of, or in connection with, any such referenced website. Morgan Stanley Wealth Management is a business of Morgan Stanley Smith Barney LLC.

CRC# 5016462 (12/2025)

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