employer securities

(2)If there is no common stock which meets the requirements of paragraph (1), the term “employer securities” means common stock issued by the employer (or by a corporation which is a member of the same controlled group) having a combination of voting power and dividend rights equal to or in excess of— (A)that class of common stock of the employer (or of any other such corporation) having the greatest voting power, and (B)that class of common stock of the employer (or of any other such corporation) having the greatest dividend rights.

Source

26 USC § 409(l)(2)


Scoping language

For purposes of this section
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