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New version applies from 29/06/2006 — introduced by Directive 2006/43/EC. 54 provisions change. Later versions: 05/09/2006, 01/01/2007, 16/07/2009, 19/07/2013. Article 39 changes in this version: compare with the current text.

Article 39

Article 39

1.When, for the first time, consolidated accounts are drawn up in accordance with this Directive for a body of undertakings which was already connected, as described in Article 1 (1), before application of the provisions referred to in Article 49 (1), a Member State may require or permit that, for the purposes of Article 19 (1), account be taken of the book value of a holding and the proportion of the capital and reserves that it represents as at a date before or the same as that of the first consolidation.

2.Paragraph 1 above shall apply mutatis mutandis to the valuation for the purposes of Article 33 (2) of a holding, or of the proportion of capital and reserves that it represents, in the capital of an undertaking associated with an undertaking included in the consolidation, and to the proportional consolidation referred to in Article 32.

3.Where the separate item defined in Article 19 (1) corresponds to a positive consolidation difference which arose before the date of the first consolicated accounts drawn up in accordance with this Directive, a Member State may: (a) for the purposes of Article 30 (1), permit the calculation of the limited period of more than five years provided for in Article 37 (2) of Directive 78/660/EEC as from the date of the first consolidated accounts drawn up in accordance with this Directive; and (b) for the purposes of Article 30 (2), permit the deduction to be made from reserves as at the date of the first consolidated accounts drawn up in accordance with this Directive.

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