Md. Code Regs. 09.32.01.21

Current through Register Vol. 51, No. 12, June 14, 2024

Section 09.32.01.21 - Successor Determinations Under Sections 8-613- and 8-614

A. Common ownership, management, or control exists between the successor employer and the predecessor employer when any person serves in any of the following positions in both the predecessor and successor employer:

(1) Sole proprietor, which includes spouse, children, and parents of a sole proprietor;

(2) Partner of a partnership;

(3) Member of a limited liability company;

(4) Chief Executive Officer;

(5) Chief Financial Officer;

(6) Any corporate officer; or

(7) Any shareholder owning, directly or indirectly, more than 50 percent of a corporation's stock.

B. An employer acquiring the assets, business, organization, or trade of a predecessor employer is not a successor employer for the purposes of attributing or assigning the rate of contribution if the acquiring employer:

(1) Has no common ownership, management, or control with the predecessor;

(2) Acquires less than 50 percent of the payrolls or employees of the predecessor; and

(3) Acquires less than 50 percent of the assets, business, organization, and trade of the predecessor.

C. In acquisitions not involving common ownership, management, or control, the Secretary shall determine the proportionate value of assets, business, organization, and trade acquired by the successor based on a comparison to the total amount of assets, business, organization, and trade of the predecessor that existed on December 31 or, if the predecessor reported its financial performance based on a fiscal year (instead of calendar year), a comparison to the total amount of assets, business, organization, and trade of the predecessor that existed on the last day of the predecessor's fiscal year immediately preceding the acquisition date.

D. In acquisitions not involving common ownership, management, or control, the Secretary shall determine the proportionate share of the payrolls or number of employees acquired by the successor based on a comparison to the total payrolls or number of employees working for the predecessor on December 31 or, if the predecessor reported its financial performance based on a fiscal year (instead of calendar year), a comparison to the total payrolls or number of employees working for the predecessor on the last day of the predecessor's fiscal year immediately preceding the acquisition date.

E. In acquisitions not involving common ownership, management, or control, and subject to the limitation provided in §B of this regulation, if a person acquires a part of a business, trade, or organization and the employer is classified as a successor employer, the earned rate record of the acquired business, trade, or organization is transferred to the successor employer according to the percent of the payrolls or assets acquired.

F. An employing unit that transfers all or part of its operations from another state to this State may be classified as a successor employer and assigned an earned rate in accordance with the Unemployment Insurance Law, provided the employing unit makes application to the Secretary for successor status effective upon the date of transfer.

Md. Code Regs. 09.32.01.21

Regulations .21, Obligations of Employers, adopted effective June 24, 1991 (18:12 Md. R. 1340)
Regulations .21 and new Regulation .21 adopted effective March 27, 2006 (33:6 Md. R. 578); amended effective 44:8 Md. R. 402, eff. 4/24/2017