27 CFR 555.57 Change of control, change in responsible persons, and change of employees

§ 555.56

27 CFR Ch. II (4–1–17 Edition)

(b) Licensees and permittees whose
mailing address will change must notify the Chief, Federal Explosives Licensing Center, at least 10 days before
the change.
(Paragraph (b) approved by the Office of
Management and Budget under control number 1140–0080)
[T.D. ATF–87, 46 FR 40384, Aug. 7, 1981, as
amended by T.D. ATF–290, 54 FR 53054, Dec.
27, 1989; ATF No. 1, 68 FR 13786, Mar. 20, 2003;
T.D. ATF 2013R–9F, 79 FR 46693, Aug. 11, 2014]

§ 555.56

Change in trade name.

A licensee or permittee continuing to
conduct business or operations at the
location shown on his license or permit
is not required to obtain a new license
or permit by reason of a mere change
in trade name under which he conducts
his business or operations. However,
the licensee or permittee shall furnish
his license or permit and any copies
furnished with the license or permit for
endorsement of the change to the
Chief, Federal Explosives Licensing
Center, within 30 days from the date
the licensee or permittee begins his
business or operations under the new
trade name.
[T.D. ATF–87, 46 FR 40384, Aug. 7, 1981, as
amended by T.D. ATF–290, 54 FR 53054, Dec.
27, 1989; T.D. ATF 2013R–9F, 79 FR 46693, Aug.
11, 2014]

pmangrum on DSK3GDR082PROD with CFR

§ 555.57 Change of control, change in
responsible persons, and change of
employees.
(a) In the case of a corporation or association holding a license or permit
under this part, if actual or legal control of the corporation or association
changes, directly or indirectly, whether by reason of change in stock ownership or control (in the corporation
holding a license or permit or in any
other corporation), by operation of law,
or in any other manner, the licensee or
permittee shall, within 30 days of the
change, give written notification executed under the penalties of perjury, to
the Chief, Federal Explosives Licensing
Center. Upon expiration of the license
or permit, the corporation or association shall file an ATF F 5400.13 or an
ATF F 5400.16 as required by § 555.45,
and pay the fee prescribed in § 555.42(b)
or § 555.43(b).

(b) For all licenses or permits issued
on and after May 24, 2003, each person
holding the license or permit must report to the Chief, Federal Explosives
Licensing Center, any change in responsible persons or employees authorized to possess explosive materials.
Such report must be submitted within
30 days of the change and must include
appropriate identifying information for
each responsible person. Reports relating to newly hired employees authorized to possess explosive materials
must be submitted on ATF F 5400.28 for
each employee.
(c) Upon receipt of a report, the
Chief, Federal Explosives Licensing
Center, will conduct a background
check, if appropriate, in accordance
with § 555.33.
(d) The reports required by paragraph
(b) of this section must be retained as
part of a licensee’s or permittee’s permanent records for the period specified
in § 555.121.
(Approved by the Office of Management and
Budget under control number 1140–0074)
[T.D. ATF–87, 46 FR 40384, Aug. 7, 1981, as
amended by T.D. ATF–290, 54 FR 53054, Dec.
27, 1989; ATF No. 1, 68 FR 13786, Mar. 20, 2003;
T.D. ATF 2013R–9F, 79 FR 46693, Aug. 11, 2014]

§ 555.58 Continuing partnerships.
Where, under the laws of the particular State, the partnership is not
terminated on death or insolvency of a
partner, but continues until the winding up of the partnership affairs is
completed, and the surviving partner
has the exclusive right to the control
and possession of the partnership assets for the purpose of liquidation and
settlement, the surviving partner may
continue to conduct the business or operations under the license or permit of
the partnership. If the surviving partner acquires the business or operations
on completion of settlement of the
partnership, he shall obtain a license
or permit in his own name from the
date of acquisition, as provided in
§ 555.45. The rule set forth in this section will also apply where there is
more than one surviving partner.
§ 555.59 Right of succession by certain
persons.
(a) Certain persons other than the licensee or permittee may secure the

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