What changes on 31/07/2019
The text in force from 20/07/2017 compared with the text from 31/07/2019, which includes the changes made by Directive (EU) 2019/1023, Directive (EU) 2019/1151.
17 inserted
114 amended
1 deleted
1 moved
Read the act as of 31/07/2019 · other versions: 01/01/2020 · 12/08/2022
Title I › Chapter I
- amended Article 1 - Subject matter
Title I › Chapter II › Section 1
- amended Article 2 - Scope
- amended Article 3 - Compulsory information to be provided in the statutes or instruments of incorporation
- amended Article 4 - Compulsory information to be provided in the statutes or instruments of incorporation or separate documents
- amended Article 5 - Authorisation for commencing business
- amended Article 6 - Multiple-member companies
Title I › Chapter II › Section 2
- amended Article 7 - General provisions and joint and several liability
- amended Article 9 - Acts of the organs of a company and its representation
- amended Article 11 - Conditions for nullity of a company
- amended Article 12 - Consequences of nullity
Title I › Chapter III › Section 1
- inserted Article 13a - Definitions
- inserted Article 13b - Recognition of identification means for the purposes of online procedures
- inserted Article 13c - General provisions on online procedures
- inserted Article 13d - Fees for online procedures
- inserted Article 13e - Payments
- inserted Article 13f - Information requirements
- amended Article 13 - Scope
Title I › Chapter III › Section 1A
- inserted Article 13g - Online formation of companies
- inserted Article 13h - Templates for online formation of companies
- inserted Article 13i - Disqualified directors
- inserted Article 13j - Online filing of company documents and information
- inserted Article 16a - Access to disclosed information
- amended Article 14 - Documents and particulars to be disclosed by companies
- amended Article 15 - Changes in documents and particulars
- amended Article 16 - Disclosure in the register
- amended Article 17 - Up-to-date information on national law with regard to the rights of third parties
- amended Article 18 - Availability of electronic copies of documents and particulars
- amended Article 19 - Fees chargeable for documents and information
- amended Article 20 - Information on the opening and termination of winding-up or insolvency proceedings and on striking-off of a company from the register
- amended Article 21 - Language of disclosure and translation of documents and particulars to be disclosed
- amended Article 22 - System of interconnection of registers
- amended Article 23 - Development and operation of the platform
- amended Article 24 - Implementing acts
- amended Article 25 - Financing
- amended Article 26 - Information on letters and order forms
- amended Article 28 - Penalties
- moved Article 27 - Persons carrying out disclosure formalities from Title I › Chapter III › Section 1
Title I › Chapter III › Section 2
- inserted Article 28a - Online registration of branches
- inserted Article 28b - Online filing of documents and information for branches
- inserted Article 28c - Closure of branches
- inserted Article 30a - Changes to documents and information of the company
- amended Article 29 - Disclosure of documents and particulars relating to a branch
- amended Article 30 - Documents and particulars to be disclosed
- amended Article 31 - Limits on the compulsory disclosure of accounting documents
- amended Article 34 - Information on the opening and termination of winding-up or insolvency proceedings and on striking-off of the company from the register
Title I › Chapter III › Section 3
- amended Article 36 - Disclosure of documents and particulars relating to a branch
- amended Article 37 - Compulsory documents and particulars to be disclosed
- amended Article 38 - Limits of compulsory disclosure of accounting documents
Title I › Chapter III › Section 4
- amended Article 42 - Exemptions to provisions on disclosure of accounting documents for branches
- deleted Article 43 - Contact Committee last in force on the version of 20/07/2017
Title I › Chapter IV › Section 1
- amended Article 44 - General provisions
- amended Article 45 - Minimum capital
Title I › Chapter IV › Section 2
- amended Article 49 - Experts' report on consideration other than in cash
- amended Article 50 - Derogation from the requirement for an experts' report
- amended Article 51 - Consideration other than in cash without an experts' report
- amended Article 52 - Substantial acquisitions after incorporation or authorisation to commence business
Title I › Chapter IV › Section 3
- amended Article 56 - General rules on distribution
- amended Article 58 - Serious loss of the subscribed capital
Title I › Chapter IV › Section 4
- amended Article 59 - No subscription of own shares
- amended Article 60 - Acquisition of own shares
- amended Article 61 - Derogation from rules on acquisition of own shares
- amended Article 63 - Holding of own shares and annual report in case of acquisition of own shares
- amended Article 64 - Financial assistance by a company for acquisition of its shares by a third party
- amended Article 66 - Acceptance of the company's own shares as security
- amended Article 67 - Subscription, acquisition or holding of shares by a company in which the public limited liability company holds a majority of the voting rights or on which it can exercise a dominant influence
Title I › Chapter IV › Section 5
- amended Article 68 - Decision by the general meeting on the increase of capital
- amended Article 70 - Shares issued for consideration other than in cash
- amended Article 72 - Increase in capital by consideration in cash
- amended Article 75 - Safeguards for creditors in case of reduction in the subscribed capital
- amended Article 76 - Derogation from safeguards for creditors in case of reduction in the subscribed capital
- amended Article 78 - Redemption of subscribed capital without reduction
- amended Article 79 - Reduction in the subscribed capital by compulsory withdrawal of shares
- amended Article 80 - Reduction in the subscribed capital by the withdrawal of shares acquired by the company itself or on its behalf
- amended Article 82 - Conditions for redemption of shares
Title I › Chapter IV › Section 6
- amended Article 84 - Derogation from certain requirements
- amended Article 86 - Transitional provisions
Title II › Chapter I › Section 1
- amended Article 87 - General provisions
- amended Article 89 - Definition of a ‘merger by acquisition’
- amended Article 90 - Definition of a ‘merger by the formation of a new company’
Title II › Chapter I › Section 2
- amended Article 91 - Draft terms of merger
- amended Article 93 - Approval by the general meeting of each of the merging companies
- amended Article 94 - Derogation from the requirement of approval by the general meeting of the acquiring company
- amended Article 95 - Detailed written report and information on a merger
- amended Article 96 - Examination of the draft terms of merger by experts
- amended Article 97 - Availability of documents for inspection by shareholders
- amended Article 99 - Protection of the interests of creditors of the merging companies
- amended Article 102 - Drawing up and certification of documents in due legal form
- amended Article 104 - Publication formalities
- amended Article 105 - Consequences of a merger
- amended Article 108 - Conditions for nullity of a merger
Title II › Chapter I › Section 3
Title II › Chapter I › Section 4
- amended Article 111 - Exemption from the requirement of approval by the general meeting
- amended Article 113 - Merger by acquisition by a company which holds 90 % or more of the shares of a company being acquired
- amended Article 114 - Exemption from requirements applicable to mergers by acquisition
Title II › Chapter II
- amended Article 119 - Definitions
- amended Article 120 - Further provisions concerning scope
- amended Article 121 - Conditions relating to cross-border mergers
- amended Article 122 - Common draft terms of cross-border mergers
- amended Article 123 - Publication
- amended Article 125 - Independent expert report
- amended Article 126 - Approval by the general meeting
- amended Article 127 - Pre-merger certificate
- amended Article 128 - Scrutiny of the legality of the cross-border merger
- amended Article 131 - Consequences of a cross-border merger
- amended Article 132 - Simplified formalities
- amended Article 133 - Employee participation
Title II › Chapter III › Section 1
Title II › Chapter III › Section 2
- amended Article 136 - Definition of a ‘division by acquisition’
- amended Article 137 - Draft terms of division
- amended Article 139 - Approval by the general meeting of each company involved in a division
- amended Article 140 - Derogation from the requirement of approval by the general meeting of a recipient company
- amended Article 141 - Detailed written report and information on a division
- amended Article 142 - Examination of the draft terms of division by experts
- amended Article 143 - Availability of documents for inspection by shareholders
- amended Article 144 - Simplified formalities
- amended Article 146 - Protection of the interests of creditors of companies involved in a division; joint and several liability of the recipient companies
- amended Article 150 - Publication formalities
- amended Article 151 - Consequences of a division
- amended Article 153 - Conditions for nullity of a division
- amended Article 154 - Exemption from the requirement of approval by the general meeting of the company being divided
Title II › Chapter III › Section 3
- amended Article 155 - Definition of a ‘division by the formation of new companies’
- amended Article 156 - Application of rules on divisions by acquisition
Title II › Chapter III › Section 4
Title III
- inserted Article 162a - Amendments to the Annexes
- amended Article 161 - Data protection
- amended Article 162 - Report, regular dialogue on the system of interconnection of registers and review
- amended Article 163 - Exercise of the delegation
- amended Article 164 - Committee procedure
Outside any heading
- inserted Annex IIa - TYPES OF COMPANIES
- amended Annex I - TYPES OF COMPANIES REFERRED TO IN ARTICLE 2(1) AND (2), ARTICLE 44(1) AND (2), ARTICLE 45(2), ARTICLE 87(1) AND (2) AND ARTICLE 135(1)
- amended Annex II - TYPES OF COMPANIES REFERRED TO IN ARTICLES 7(1) AND 13, ARTICLES 29(1), 36(1) AND 67(1) AND POINT (a) OF ARTICLE 119(1)
- amended Annex III - PART A
- amended Annex IV - CORRELATION TABLE
10 provisions renumbered in position only (no text change)
Article 32 · Article 33 · Article 35 · Article 39 · Article 40 · Article 41 · Article 165 · Article 166 · Article 167 · Article 168