Section 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:

(a) The transferee is a legal representative, trustee in bankruptcy or a receiver or trustee of a person, partnership, 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; and

(c) 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.

(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) .

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