WAC 192-350-030
Predecessor-successor transfers through
intermediaries. When operating assets are transferred from
one employer to another by using an intermediary whose role is
to arrange or assist the transfer process (RCW 50.04.320 and 50.29.062), the department will decide on a case-by-case basis
whether a predecessor-successor relationship exists. The fact
that an intermediary was used does not preclude the existence
of a predecessor-successor relationship.
In determining if a predecessor-successor relationship
exists, the department will consider the intent of the parties
involved and the economic reality of the transactions, as
opposed to the strict legal format of the multiple transfers.
[Statutory Authority: RCW 50.12.010, 50.12.040, and 50.29.064. 07-23-131, § 192-350-030, filed 11/21/07,
effective 1/1/08.]