When a producer undergoes a change in legal entity and producer status is transferred in the process of transferring assets, it is necessary for the new legal entity to re-register. Naturally this is only required where the new legal entity also places packaging subject to system participation onto the German market.
As the successor, the new legal entity is required to register where the original registration holder (as a legal entity) is dissolved.
A dissolution will be deemed to have occurred in particular in the following circumstances:
- acquisition of the business of a sole trader by a third party;
- merger by way of absorption as defined in section 2 no. 1 UmwG (Transformation Act);
- merger 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 174 (2) no. 1 UmwG; or
- the dissolution of a Kapitalgesellschaft und Co. KG upon the resignation of all the partners.
The registration information may not be entered by third parties. Accordingly, the registration is not transferred automatically to the new legal entity. This is contained in section 35 VerpackG (Packaging Act), pursuant to which third parties may not be appointed to undertake registration under section 9 VerpackG. The administrative act of registration is non-transferable.
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