Transfer of ownership

Where a company has been taken over by, or has sold part of it’s business to another company it is possible to transfer ownership of a notification from the "old notifier" to the "new", thus avoiding the need to re-notify substances already notified.

The new notifier must be given details of the existing notifications before taking responsibility for them.

Transfer of ownership may be effected by writing to us here in Bootle. The following information should be provided:

1. NOTIFICATIONS
   
   
   1. The legal identity of the new notifier.
   2. Details of the existing notification(s) for which the new company is to be responsible.
   3. A copy of a written agreement to the transfer of the notification(s) from the first notifier to the new company.
   4. A copy of a written agreement that the new company, as the new notifier, may use the results of any studies submitted to HSE by the original notifier as part of the original notification(s).
   5. Confirmation that the new notifier accepts responsibility for the existing notification(s), including the obligations laid out in the Regulations.
      
      
2. HIGHER LEVEL TESTING

   For changes relating to quantities of substance supplied, it is the date of the original notification, and not the date the notification is transferred, that should be used for calculating when the quantity supplied reaches the thresholds given in the Regulations.

3. LIMITED ANNOUNCEMENTS

   It is not possible to transfer limited announcements if there has been a change in the legal identity of the notifier and/or the manufacturer as the original requirements of the Notification of New Substances Regulations 1982 are no longer in force. In such cases, the substance must be notified at the appropriate level. The c.a. should be contacted if such a problem occurs.

   It should be noted that limited announcements made under the 6th amendment are only valid for supply in those Member States where they were made. Supply in another Member State after coming into force of 92/32/EC requires a notification to be made and the limited announcements to cease.