The impact of a sale, acquisition or merger of a company on registration with the LUCID Packaging Register
The general rule is as follows
If a registered company undergoes changes, especially changes under corporate law, its registration with the LUCID Packaging Register will need to be looked at too.
Depending on the individual situation, it may be allowed to maintain the registration, or it might be necessary to terminate the registration and register anew with the LUCID Packaging Register.
When can an existing registration be maintained?
If the legal personality of the registered company is maintained and the company is still considered a producer under the EU Packaging and Packaging Waste Regulation (PPWR) , the registration can be continued. The existing registration data must be checked and updated for any changes without delay (e.g. updating changes to the company name, brand names and packaging information).
When is a new registration required?
A new registration is required if a company different from the one previously registered becomes a producer under the EU Packaging and Packaging Waste Regulation. An example of this would be a full acquisition of the registered company. A registration is not transferable. A registration cannot be continued in the event of an asset or share transfer or universal succession.
This also applies to the following scenarios:
acquisition of the business of a sole trader by a third party;
merger of the registered company onto another company by way of absorption as defined in section 2 no. 1 UmwG (Transformation Act);
merger of the registered company by way of forming a new legal entity through allotment of assets as defined in section 2 no. 2 UmwG;
split-up as defined in section 123 (1) UmwG;
full transfer of assets where the company is dissolved without being wound up as defined in section 174 (2) no. 1 UmwG; or
dissolution of a Kapitalgesellschaft und Co. KG (limited partnership where the general partner is a limited company) upon the resignation of all the partners.