Section 115.05. Mandatory successor.

  The department shall find that a transferee is a mandatory successor under s. 108.16 (8) (e) , Stats., if the business transfer satisfies s. DWD 115.01 and if:

(1)  At the time of business transfer, the transferor and the transferee are owned or controlled in whole or in substantial part under s. DWD 115.08 , either directly or indirectly by legally enforceable means or otherwise, by the same interest or interests under s. DWD 115.08 ;

(2)  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; and

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

History: Cr. Register, January, 1992, No. 433 , eff. 2-1-92.