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<regulation prefix="Regulation" num=".21" citation="COMAR 09.32.01.21" title_num="09" subtitle_num="32" chapter_num="01" heading="Successor Determinations Under §§8-613—and 8-614.">
  <paragraph num="A.">
    <text>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:</text>
    <paragraph num="(1)">
      <text>Sole proprietor, which includes spouse, children, and parents of a sole proprietor;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Partner of a partnership;</text>
    </paragraph>
    <paragraph num="(3)">
      <text>Member of a limited liability company;</text>
    </paragraph>
    <paragraph num="(4)">
      <text>Chief Executive Officer;</text>
    </paragraph>
    <paragraph num="(5)">
      <text>Chief Financial Officer;</text>
    </paragraph>
    <paragraph num="(6)">
      <text>Any corporate officer; or</text>
    </paragraph>
    <paragraph num="(7)">
      <text>Any shareholder owning, directly or indirectly, more than 50 percent of a corporation's stock.</text>
    </paragraph>
  </paragraph>
  <paragraph num="B.">
    <text>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:</text>
    <paragraph num="(1)">
      <text>Has no common ownership, management, or control with the predecessor;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Acquires less than 50 percent of the payrolls or employees of the predecessor; and</text>
    </paragraph>
    <paragraph num="(3)">
      <text>Acquires less than 50 percent of the assets, business, organization, and trade of the predecessor.</text>
    </paragraph>
  </paragraph>
  <paragraph num="C.">
    <text>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.</text>
  </paragraph>
  <paragraph num="D.">
    <text>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.</text>
  </paragraph>
  <paragraph num="E.">
    <text>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.</text>
  </paragraph>
  <paragraph num="F.">
    <text>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.</text>
  </paragraph>
</regulation>