1.

Member States may apply paragraph 2 where division operations are subject to the supervision of a judicial authority having the power: to call a general meeting of the shareholders of the company being divided in order to decide upon the division; to ensure that the shareholders of each of the companies involved in a division have received or can obtain at least the documents referred to in Article 9 in time to examine them before the date of the general meeting of their company called to decide upon the division. Where a Member State makes use of the option provided for in Article 6 the period must be long enough for the shareholders of the recipient companies to be able to exercise the rights conferred on them by that Article; to call any meeting of creditors of each of the companies involved in a division in order to decide upon the division; to ensure that the creditors of each of the companies involved in a division have received or can obtain at least the draft terms of division in time to examine them before the date referred to in (b); to approve the draft terms of division.

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Source: EUR-Lex (Cellar) · retrieved 2026-10-11 · Text as adopted (Official Journal); later amendments are not incorporated in this text.