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

Bureau of Alcohol, Tobacco, Firearms, and Explosives, Justice
business or operations under the new
trade name.

manent records for the period specified
in § 555.121.

[T.D. ATF–87, 46 FR 40384, Aug. 7, 1981, as
amended by T.D. ATF–290, 54 FR 53054, Dec.
27, 1989; ATF 2013R–9F, 79 FR 46693, Aug. 11,
2014]

(Approved by the Office of Management and
Budget under control number 1140–0074)

§ 555.57 Change of control, change in
responsible persons, and change of
employees.

kpayne on VMOFRWIN702 with $$_JOB

(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) 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 per-

[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;
ATF 2013R–9F, 79 FR 46693, Aug. 11, 2014; ATF
2017R–21, 84 FR 13799, Apr. 8, 2019]

§ 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
right to carry on the same explosive
materials business or operations at the
same business premises for the remainder of the term of license or permit.
These persons are:
(1) The surviving spouse or child, or
executor, administrator, or other legal
representative of a deceased licensee or
permittee; and
(2) A receiver or trustee in bankruptcy, or an assignee for benefit of
creditors.
(b) In order to secure the right of succession, the person or persons continuing the business or operations shall
submit the license or permit and all
copies furnished with the license or
permit for endorsement of the succession to the Chief, Federal Explosives
Licensing Center, within 30 days from

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§ 555.59

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