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New version applies from 20/07/2017 — introduced by Directive (EU) 2017/1132. 39 provisions change. Article 20 is deleted from 20/07/2017.

Article 20 - ▼M2

Article 20
▼M2

Without prejudice to Article 6, Member States shall not require approval of the division by the general meeting of the company being divided if the recipient companies together hold all the shares of the company being divided and all other securities conferring the right to vote at general meetings of the company being divided, and the following conditions are fulfilled:

(a)

each of the companies involved in the operation must carry out the publication provided for in Article 4 at least one month before the operation takes effect;

(b)

at least one month before the operation takes effect, all shareholders of companies involved in the operation must be entitled to inspect the documents specified in Article 9 (1), at their company's registered office; —————

(d)

where a general meeting of the company being divided, required for the approval of the division, is not summoned, the information provided for by Article 7 (3) covers any material change in the asset and liabilities after the date of preparation of the draft terms of division.

For the purposes of point (b) of the first paragraph, Article 9(2), (3) and (4) and Article 10 shall apply.

Official text · consolidated version 02/07/2014 (no longer in force) Open full page ↗
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