[Code of Federal Regulations]

[Title 49, Volume 5]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 49CFR365.413]



[Page 46-47]

 

                        TITLE 49--TRANSPORTATION

 

                      DEPARTMENT OF TRANSPORTATION

 

PART 365_RULES GOVERNING APPLICATIONS FOR OPERATING AUTHORITY--Table 

of Contents

 

      Subpart D_Transfer of Operating Rights Under 49 U.S.C. 10926

 

Sec. 365.413  Procedures for changing the name or business form of a 

motor carrier, freight forwarder, or property broker.



    (a) Scope. These procedures apply in the following circumstances:

    (1) A change in the form of a business, such as the incorporation of 

a partnership or sole proprietorship;

    (2) A change in the legal name of a corporation or partnership or 

change in the trade name or assumed name of any entity;



[[Page 47]]



    (3) A transfer of operating rights from a deceased or incapacitated 

spouse to the other spouse;

    (4) A reincorporation and merger for the purpose of effecting a name 

change;

    (5) An amalgamation or consolidation of a carrier and a noncarrier 

into a new carrier having a different name from either of the 

predecessor entities; and

    (6) A change in the State of incorporation accomplished by 

dissolving the corporation in one State and reincorporating in another 

State.

    (b) Procedures. To accomplish these changes, a letter must be sent 

to the FMCSA, Licensing Team (MC-PSDRIS), Washington, DC 20590. The 

envelope should be marked ``NAME CHANGE''. The applicant must provide:

    (1) The docket number(s) and name of the carrier requesting the 

change;

    (2) A copy of the articles of incorporation and the State 

certificate reflecting the incorporation;

    (3) The name(s) of the owner(s) of the stock and the distribution of 

the shares;

    (4) The names of the officers and directors of the corporation; and

    (5) A statement that there is no change in the ownership, 

management, or control of the business. When this procedure is being 

used to transfer operating rights from a deceased or incapacitated 

spouse to the other spouse, documentation that the other spouse has the 

legal right to effect such change must be included with the request. The 

fee for filing a name change request is in Sec. 360.3(f) of this 

chapter.



[53 FR 4852, Feb. 18, 1988, as amended at 54 FR 47364, Nov. 14, 1989; 62 

FR 49940, Sept. 24, 1997; 68 FR 56198, Sept. 30, 2003]