The decisive factor is the producer status of the involved legal entity in each individual case:
If the assets that form the basis for the producer status are transferred to the new legal entity, that new legal entity is required to register pursuant to section 9 VerpackG (Packaging Act). The registration information may not be entered by third parties. Accordingly, the registration is not transferred automatically to the new legal entity. The former legal entity must de-register.
Where it is only assets that do not form the basis for the producer status being transferred, it is not necessary to register under the new legal entity.
The following asset transfers in particular are examples of situations where the involved legal entities must check whether or not producer status has been transferred:
- spin-off as defined in section 123 (2) UmwG (Transformation Act);
- hive-down as defined in section 123 (3) UmwG;
- partial asset transfer as defined in section 174 (2) nos. 2, 3 UmwG;
- sale of assets as part of an asset deal.
In certain cases, producer status can remain partially with the former legal entity whilst also transferring in part to the new legal entity. In such a case, it is the former legal entity that is required to report the change. The new legal entity must re-register with the Zentrale Stelle Verpackungsregister (Central Agency Packaging Register – ZSVR).
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