Prior Department approval of a transfer of control and/or merger of an existing certified/registered carrier is not required. Companies only need to notify the Department within 30 days of the date of the transaction.
The notice can be in the form of an advise letter that explains the transaction in full, and in particular, whether the transaction will result in a change in the manner in which the acquired company provides service to its Massachusetts customers, e.g. will the acquired company continue to provide service under the rates, terms and conditions it currently offers to its Massachusetts customers?
Also, if there is to be a company name change, you should submit an amended tariff reflecting the name change, and an amended Statement of Business Operations, and a copy of the Amended Foreign Corporation Certificate (form Mass-973) filed with the Secretary of the Commonwealth of Massachusetts. A cover letter should be included specifying that the name change is the only change being made.
We note that although prior approval is not required, the Department retains the authority to investigate any isssue, including transfers of control of carriers or the transfer of certain segments of a carriers'market.
DPU/DTE 93-98, June 18, 1993 and May 11, 1994