Wis. Admin. Code Department of Workforce Development DWD 115.06 - Transfers involving fiduciaries

(1) TRANSFER TO A FIDUCIARY. The department shall find that a transferee is a mandatory successor under s. 108.16(8) (c), Stats., if all of the following apply:

(a) The transferee is a legal representative, trustee in bankruptcy or a receiver or trustee of a person, partnership, limited liability company, association or corporation, or a guardian of the estate of a person, or legal representative of a deceased person.

(b) The transferee has continued or resumed the business of the transferor, either in the same establishment or elsewhere, or the transferee has employed substantially the same employees under s. DWD 115.08 as those the transferor had employed in connection with the business transferred.

(c) The same financing provisions under s. 108.15, 108.151, 108.152 or 108.18, Stats., apply to the transferee as applied to the transferor on the date of the transfer.

(2) TRANSFER FROM A FIDUCIARY. If the business of a successor employer specified in sub. (1) is transferred, the transferee is deemed a successor under s. 108.16(8) (d), Stats., if the transferee would have been a successor under s. DWD 115.04 except for the intervening existence of the successor employer under sub. (1).

Notes

Wis. Admin. Code Department of Workforce Development DWD 115.06

Cr. Register, January, 1992, No. 433, eff. 2-1-92. Amended by, CR 18-033: am. (1) Register May 2019 No. 761, eff. 6/1/2019