GM1 21.A.149 and 21.A.249 Transferability

• ED Decision 2022/021/R found in: Initial Airworthiness and Environmental Protection (748/2012) Part-21 Part-21L (Jul 2024)

GM1 21.A.149 and 21.A.249 Transferability ED Decision 2022/021/R GENERAL A transfer of approval to another production or design organisation is, by default, excluded by points [21.A.149](#_DxCrossRefBm1649097247) or [21.A.249](#_DxCrossRefBm1649097253) respectively. These points only allow it exceptionally if it is a direct consequence of a transfer of ownership in an approved production or design organisation, which is then considered a significant change to the existing approval (to which point [21.A.147](#_DxCrossRefBm1649097199) or [21.A.247](#_DxCrossRefBm1649096950) applies). As a consequence, and in order to apply this exception, the production or design organisation has to demonstrate to the competent authority the existence of a change in ownership which resulted in the fact that a different legal entity is now conducting the approved production or design functions while remaining effectively unchanged. An example of such an exception is a change of ownership that leads to a re-registration of the organisation (supported by the appropriate certificate from the National Companies Registration Office or equivalent). In order to demonstrate that the organisation remains effectively unchanged, the organisation needs to demonstrate that there are no changes affecting the initial demonstration of compliance of the organisation with Subpart G or Subpart J. If, for instance, the change of ownership would, in addition, lead to a change of address, facilities, type of work, staff, accountable manager or persons nominated under points [21.A.145](#_DxCrossRefBm1649096920) or [21.A.245](#_DxCrossRefBm1649096919), then it is not an acceptable transfer situation; the exception does not apply in this case. A new investigation by the competent authority would be necessary. The new organisation would have to apply for its own approval. In such a case where the organisation applies for a new approval, the demonstration of compliance in accordance with points [21.A.135](#_DxCrossRefBm1649097197) or [21.A.235](#_DxCrossRefBm1649097254) may be limited to the demonstration that the changes in the organisation comply with the Subpart G or Subpart J requirements, while referring for the rest to the compliance demonstration of the previous approval holder. A pure name change, where the ownership does not change, does not require a transfer of the approval. In this case, the natural or legal person that holds the approval remains the same. However, as a consequence of the name change, the approval document needs to be amended to reflect the new company name. This is a significant change, to which point [21.A.147](#_DxCrossRefBm1649097199) or [21.A.247](#_DxCrossRefBm1649096950) applies. Another example of a transfer of ownership, which may be exceptionally accepted under points [21.A.149](#_DxCrossRefBm1649097247) or [21.A.249](#_DxCrossRefBm1649097253), may be the event of receivership (bankruptcy, insolvency or another equivalent legal process). In this case, there is no change to the production or design organisation, except that the custodial responsibility for its property, including its tangible and intangible assets and rights, is transferred to a receiver or insolvency administrator. The receivership aims to continue the business of the same organisation. GM1 21.A.149 and 21.A.249 Transferability ED Decision 2022/021/R GENERAL A transfer of approval to another production or design organisation is, by default, excluded by points [21.A.149](#_DxCrossRefBm1649097247) or [21.A.249](#_DxCrossRefBm1649097253) respectively. These points only allow it exceptionally if it is a direct consequence of a transfer of ownership in an approved production or design organisation, which is then considered a significant change to the existing approval (to which point [21.A.147](#_DxCrossRefBm1649097199) or [21.A.247](#_DxCrossRefBm1649096950) applies). As a consequence, and in order to apply this exception, the production or design organisation has to demonstrate to the competent authority the existence of a change in ownership which resulted in the fact that a different legal entity is now conducting the approved production or design functions while remaining effectively unchanged. An example of such an exception is a change of ownership that leads to a re-registration of the organisation (supported by the appropriate certificate from the National Companies Registration Office or equivalent). In order to demonstrate that the organisation remains effectively unchanged, the organisation needs to demonstrate that there are no changes affecting the initial demonstration of compliance of the organisation with Subpart G or Subpart J. If, for instance, the change of ownership would, in addition, lead to a change of address, facilities, type of work, staff, accountable manager or persons nominated under points [21.A.145](#_DxCrossRefBm1649096920) or [21.A.245](#_DxCrossRefBm1649096919), then it is not an acceptable transfer situation; the exception does not apply in this case. A new investigation by the competent authority would be necessary. The new organisation would have to apply for its own approval. In such a case where the organisation applies for a new approval, the demonstration of compliance in accordance with points [21.A.135](#_DxCrossRefBm1649097197) or [21.A.235](#_DxCrossRefBm1649097254) may be limited to the demonstration that the changes in the organisation comply with the Subpart G or Subpart J requirements, while referring for the rest to the compliance demonstration of the previous approval holder. A pure name change, where the ownership does not change, does not require a transfer of the approval. In this case, the natural or legal person that holds the approval remains the same. However, as a consequence of the name change, the approval document needs to be amended to reflect the new company name. This is a significant change, to which point [21.A.147](#_DxCrossRefBm1649097199) or [21.A.247](#_DxCrossRefBm1649096950) applies. Another example of a transfer of ownership, which may be exceptionally accepted under points [21.A.149](#_DxCrossRefBm1649097247) or [21.A.249](#_DxCrossRefBm1649097253), may be the event of receivership (bankruptcy, insolvency or another equivalent legal process). In this case, there is no change to the production or design organisation, except that the custodial responsibility for its property, including its tangible and intangible assets and rights, is transferred to a receiver or insolvency administrator. The receivership aims to continue the business of the same organisation. ##### GM1 21.A.149 and 21.A.249 Transferability *ED Decision 2022/021/R* GENERAL A transfer of approval to another production or design organisation is, by default, excluded by points [21.A.149](#_DxCrossRefBm485230738) or [21.A.249](#_DxCrossRefBm485230744) respectively. These points only allow it exceptionally if it is a direct consequence of a transfer of ownership in an approved production or design organisation, which is then considered a significant change to the existing approval (to which point [21.A.147](#_DxCrossRefBm485230690) or [21.A.247](#_DxCrossRefBm485230441) applies). As a consequence, and in order to apply this exception, the production or design organisation has to demonstrate to the competent authority the existence of a change in ownership which resulted in the fact that a different legal entity is now conducting the approved production or design functions while remaining effectively unchanged. An example of such an exception is a change of ownership that leads to a re-registration of the organisation (supported by the appropriate certificate from the National Companies Registration Office or equivalent). In order to demonstrate that the organisation remains effectively unchanged, the organisation needs to demonstrate that there are no changes affecting the initial demonstration of compliance of the organisation with Subpart G or Subpart J. If, for instance, the change of ownership would, in addition, lead to a change of address, facilities, type of work, staff, accountable manager or persons nominated under points [21.A.145](#_DxCrossRefBm485230411) or [21.A.245](#_DxCrossRefBm485230410), then it is not an acceptable transfer situation; the exception does not apply in this case. A new investigation by the competent authority would be necessary. The new organisation would have to apply for its own approval. In such a case where the organisation applies for a new approval, the demonstration of compliance in accordance with points [21.A.135](#_DxCrossRefBm485230688) or [21.A.235](#_DxCrossRefBm485230745) may be limited to the demonstration that the changes in the organisation comply with the Subpart G or Subpart J requirements, while referring for the rest to the compliance demonstration of the previous approval holder. A pure name change, where the ownership does not change, does not require a transfer of the approval. In this case, the natural or legal person that holds the approval remains the same. However, as a consequence of the name change, the approval document needs to be amended to reflect the new company name. This is a significant change, to which point [21.A.147](#_DxCrossRefBm485230690) or [21.A.247](#_DxCrossRefBm485230441) applies. Another example of a transfer of ownership, which may be exceptionally accepted under points [21.A.149](#_DxCrossRefBm485230738) or [21.A.249](#_DxCrossRefBm485230744), may be the event of receivership (bankruptcy, insolvency or another equivalent legal process). In this case, there is no change to the production or design organisation, except that the custodial responsibility for its property, including its tangible and intangible assets and rights, is transferred to a receiver or insolvency administrator. The receivership aims to continue the business of the same organisation. ##### GM1 21.A.149 and 21.A.249 Transferability *ED Decision 2022/021/R* GENERAL A transfer of approval to another production or design organisation is, by default, excluded by points [21.A.149](#_DxCrossRefBm485230738) or [21.A.249](#_DxCrossRefBm485230744) respectively. These points only allow it exceptionally if it is a direct consequence of a transfer of ownership in an approved production or design organisation, which is then considered a significant change to the existing approval (to which point [21.A.147](#_DxCrossRefBm485230690) or [21.A.247](#_DxCrossRefBm485230441) applies). As a consequence, and in order to apply this exception, the production or design organisation has to demonstrate to the competent authority the existence of a change in ownership which resulted in the fact that a different legal entity is now conducting the approved production or design functions while remaining effectively unchanged. An example of such an exception is a change of ownership that leads to a re-registration of the organisation (supported by the appropriate certificate from the National Companies Registration Office or equivalent). In order to demonstrate that the organisation remains effectively unchanged, the organisation needs to demonstrate that there are no changes affecting the initial demonstration of compliance of the organisation with Subpart G or Subpart J. If, for instance, the change of ownership would, in addition, lead to a change of address, facilities, type of work, staff, accountable manager or persons nominated under points [21.A.145](#_DxCrossRefBm485230411) or [21.A.245](#_DxCrossRefBm485230410), then it is not an acceptable transfer situation; the exception does not apply in this case. A new investigation by the competent authority would be necessary. The new organisation would have to apply for its own approval. In such a case where the organisation applies for a new approval, the demonstration of compliance in accordance with points [21.A.135](#_DxCrossRefBm485230688) or [21.A.235](#_DxCrossRefBm485230745) may be limited to the demonstration that the changes in the organisation comply with the Subpart G or Subpart J requirements, while referring for the rest to the compliance demonstration of the previous approval holder. A pure name change, where the ownership does not change, does not require a transfer of the approval. In this case, the natural or legal person that holds the approval remains the same. However, as a consequence of the name change, the approval document needs to be amended to reflect the new company name. This is a significant change, to which point [21.A.147](#_DxCrossRefBm485230690) or [21.A.247](#_DxCrossRefBm485230441) applies. Another example of a transfer of ownership, which may be exceptionally accepted under points [21.A.149](#_DxCrossRefBm485230738) or [21.A.249](#_DxCrossRefBm485230744), may be the event of receivership (bankruptcy, insolvency or another equivalent legal process). In this case, there is no change to the production or design organisation, except that the custodial responsibility for its property, including its tangible and intangible assets and rights, is transferred to a receiver or insolvency administrator. The receivership aims to continue the business of the same organisation.