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Recital 12

Recital 12

(12)Companies should have flexibility as to the timing of the adoption or modification of MVS structures, provided that such adoption or modification is for the purpose of seeking admission to trading on an MTF. Member States should not prevent companies from adopting or modifying MVS structures before the moment of the admission of the shares to trading on an MTF. Member States should, however, be able to require that the exercise of the enhanced voting rights, which represent additional votes attached to MVSs compared to votes of shares of other classes, be conditional upon shares of the company being admitted to trading on an MTF. In that case and until the admission to trading, MVSs should have the same voting rights as other classes of shares in the company. That would ensure that MVSs specifically promote admission to trading on an MTF.

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