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New version applies from 04/01/2011 — introduced by Directive 2010/78/EU. 192 provisions change. Later versions: 21/07/2011, 20/06/2013, 17/09/2014, 01/01/2019, 07/01/2020, 26/06/2021, 02/08/2021, 01/01/2023, 09/01/2024, 17/01/2025, 16/04/2026. Article 38 changes in this version: compare with the current text.

Article 38

Article 38

1. Member States shall, subject to the conditions set out in this Chapter and irrespective of the manner in which UCITS are constituted under Article 1(3), allow for cross-border and domestic mergers as defined in Article 2(1)(q) and (r) in accordance with one or more of the merger techniques provided for in Article 2(1)(p).

2. The merger techniques used for cross-border mergers as defined in Article 2(1)(q) must be provided for under the laws of the merging UCITS home Member State. The merger techniques used for domestic mergers as defined in Article 2(1)(r) must be provided for under the laws of the Member State, in which the UCITS are established.

Official text · the act as published Open full page ↗
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