A change of company name may happen as a result of:
- Company name change: Administrative purposes where the legal personality of a company remains the same and only the name of the company changes.
- Legal personality change: A change of legal entity as a result of a merger, company split, change of only representative or assets sale.
For clarification on whether a company name or a legal personality change applies, please contact your national helpdesk or BPR competent authorities.
Updating a company name change due to administrative purpose
A company name change needs to be communicated to ECHA using available ECHA applications such as REACH-IT, R4BP 3 or ePIC. The company name can be easily changed by logging in to ECHA Accounts through any of the ECHA applications. See steps below:
- Log into ECHA Accounts
- Click on “Accounts, Users & parties”
- Click on the button “Edit” and “Change name”
- Modify the company name, agree to the disclaimer and upload a supporting document from a national registry to prove the official name change.
Important note: Under the Biocidal Products Regulation (BPR), a company name change is considered legally valid only once an administrative change on request is authorised by your national authorities. Useful instructions on how to submit an administrative change on request (NA-ADC) via R4BP 3 can be found in the chapter “National authorisation – changes on request” of the Biocides Submission Manual: national authorisations.
Updating a company name change due to Legal entity change (LEC)
A legal entity change entails the transfer of assets from the LEC initiator (account A) to the LEC successor (account B) using ECHA applications. The LEC initiator and successor have distinct legal personalities and, therefore, different accounts (A and B). If the LEC successor has not yet created an account, he will first need to register a new company.
Depending on the regulatory scope, you may need to consider these general guidelines when applying for a legal personality change:
a. REACH and CLP
A legal entity change under REACH and CLP needs to be reported to ECHA and the National Authorities using the REACH-IT legal entity change functionality. The LEC initiator (account A) initiates the process and the LEC successor (account B) validates the transfer. As a result, the assets (e.g. registrations or notifications) will be transferred from account A to account B.
A different process applies for the transfer of applications for authorisation (AfA). Further information on this process can be found in the Q&A 1241.
Under the Biocidal Products Regulation (BPR), an authorisation holder transfer is an administrative change on request. A functionality in R4BP 3 allows the transfer of authorisations (assets) from account A to account B prior to authorisation by the national authorities. Additional information on this process can be found in the video tutorial Processes in R4BP 3: asset transfer via NA/SA-TRS.
For on-going cases pending for authorisation, you can initiate the transfer between accounts to indicate the existence of a new case owner or prospective authorisation holder. Additional instructions can be found in chapter “11.5 Case transfer” of the BSM technical guide: using R4BP 3. Specific provisions apply to the replacement of a participant in the review programme as described in the same manual.
For changes of participants in Article 95, you will need to communicate it to ECHA via the request for corrections of entries on the Article 95 list.
Certain applications, such as technical equivalence or SME verification approval, are valid only for the company who benefited from the decision behind these applications. A new application is required if a different legal entity needs to rely on these application types.
A PIC notification cannot be transferred between two legal entities.
In case of a change of legal personality, the legal successor (i.e new company) will need to submit a new notification via ePIC.