The change of operator – is anything to be done?

In universities, the operator can change if the allocation of genetic engineering facilities in a particular area changes. Private companies also occasionally undergo takeovers or name changes, rather than simply undergoing a conversion that has no impact on the legal system. For example, if a former limited liability company (GmbH) is converted into a stock corporation (Aktiengesellschaft) or a civil-law partnership (GbR) is changed into a limited liability company (GmbH), it should be remembered that this also affects the licensed genetic engineering facility. The operator of a genetic engineering facility is the person under whose name the genetic engineering facility is operated (Section 3 No. 6 GenTG). A new operator requires a separate, new license for the genetic engineering facility and its work (cf. Federal Administrative Court (BVerwG), DVBl. 1990, 1167 on a change of operator in a nuclear law procedure). This is particularly the case if there is no complete legal identity. This is ultimately understandable, as the approval requirements under Section 11 (1) GenTSV also contain subjective components, i.e., personal characteristics, which must be verified for each individual operator. These personal characteristics are only retained if the operator is identical. Accordingly, in the event of a change in company name, the change of operator must also be taken into account and, if necessary, a new approval must be applied for. The question of whether the new operator is identical to the old one and whether all legal transactions have been taken over is often difficult and must be verified after the company resolutions have been passed. In individual cases, the operator must seek competent advice in this regard if they do not want to operate a genetic engineering facility without the necessary approval after the change in company name.