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change of company name or merger? unclear

Only for UK Tier 2 (Employer Sponsored) points system Tier 2

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hopeforall9
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Posts: 51
Joined: Thu May 02, 2013 8:24 am
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change of company name or merger? unclear

Post by hopeforall9 » Wed May 04, 2016 8:23 pm

Hello, i was wondering if someone could advise me on what to do with the following situation of my company:

Background: My company trades as Company A but is registered as Company B (which is what we are legally registered as in official documents and on the Tier 2 register). We are a wholly-owned subsidiary of Company C (our parent company), which is our holding company and does not trade or own anything other than the shares of Company B.

Recently the company decided to simplify things and they are now in the process of transferring the trade and assets of Company B into Company C, but are going to rename everything as Company A (our trading name to keep everything simple). They are currently in this process.

The email I got told us that nothing will change for us, but that under TUPE our employment will technically transfer from Company B to Company A. In this process our company number (companies house) will change and the structure is being simplified.

Obviously i was slightly confused and concerned when receiving this email, so I asked for a clarification if this was a name change of the company or a merger, and this was the reply I received.

'Technically this is considered a transfer of employer under TUPE, as the company that directly employs you will change. You will now be employed by the parent company of your current employer company. This is common when companies are acquired by other companies, although here there is no change in control.'

So yeah, I am a bit confused as to how this is viewed in the eyes of the Home Office.

My question to everyone out there that can possibly help me please, what does this mean for our company and for our licence. Is it a merger, take-over, or a change in the company name? and what steps does my company need to take in order to make sure we still have a licence and that my employment and visa is not terribly disrupted. Any advise or help, i would really appreciate it.

Thank you

manci
Respected Guru
Posts: 5498
Joined: Wed Feb 15, 2012 10:10 am

Re: change of company name or merger? unclear

Post by manci » Sat May 07, 2016 8:00 am

read section 13 of the sponsor guidance:
https://www.gov.uk/government/uploads/s ... 6_v1.2.pdf

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