OhioBWC - Employer - Form: (U-118) - Notification of Business Acquisition/Merger or Purchase/Sale

Notification of Business Acquisition/Merger or Purchase/Sale (U-118)

Use this form to notify BWC when succeeding, in whole or in part, another in the operation of a business.

Successor requirements

  • Notify BWC of the succession, in whole or part (Ohio Administrative Code 4123-17-02).
  • Preserve the former employer's payroll records for the five years prior to the date of succession.
BWC requires this information to calculate the experience rating of the succeeding employer. Additionally, for employers who wholly succeed in the operation of a business on or after Sept. 1, 2006, BWC transfers to the successor any and all existing and future liabilities or credits of the former employer in addition to the experience transfer.

Partial succession
If an employer purchases or acquires only a portion of the business, BWC transfers only that portion of the former employer's experience to the succeeding employer. BWC will review the former employer's payroll and claims records to determine what should transfer to the successor for rate calculation purposes.

BWC uses all information provided to determine if a succession has occurred. Criteria include:

  • Business ownership;
  • Continuity of business operations;
  • Real estate, plant and equipment, material inventories and other real property;
  • Customer profiles;
  • Industrial pursuit;
  • Employee roster.
Successorship liability policy

Required information
  • Date business acquired/purchased
  • Legal business name of former employer
  • Legal business name of new employer
  • From whom did you acquire/purchase this business?
  • Is there a purchase/sale agreement associated with this transaction?
  • Did you acquire all or part of an existing business?
  • How many employees of the former employer did you retain/hire?
  • Did you acquire or purchase the former employer's contacts or customers?
  • Are you operating in the former employer's location?
  • Will you conduct business in the same/similar manner as the former employer?
  • Did you acquire/purchase any machinery or equipment from the former employer?

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