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Recital 122

Recital 122

(122)Directive 2011/35/EU of the European Parliament and of the Council 17 lays down rules, inter alia, on the approval of mergers by the general meeting of each of the merging companies, on the requirements concerning the draft terms of merger, management report and expert report, and on creditor protection. Council Directive 82/891/EEC 18 contains similar rules on the division of public limited liability companies. Directive 2005/56/EC of the European Parliament and of the Council 19 provides for corresponding rules concerning cross-border mergers of limited liability companies. Appropriate derogations from those directives should be provided in order to allow a rapid action by resolution authorities.

  1. 19 Directive 2005/56/EC of the European Parliament and of the Council of 26 October 2005 on cross-border mergers of limited liability companies ( OJ L 310, 25.11.2005, p. 1 ). ↩
  2. 18 Sixth Council Directive 82/891/EEC of 17 December 1982 based on Article 54(3)(g) of the Treaty, concerning the division of public limited liability companies ( OJ L 378, 31.12.1982, p. 47 ). ↩
  3. 17 Directive 2011/35/EU of the European Parliament and of the Council of 5 April 2011 concerning mergers of public limited liability companies ( OJ L 110, 29.4.2011, p. 1 ). ↩
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