2.

Such a merger may be carried out in accordance with: the procedure for merger by acquisition laid down in Article 3(1) of the third Council Directive (78/855/EEC) of 9 October 1978 based on Article 54(3)(g) of the Treaty concerning mergers of public limited-liability companies OJ L 295, 20.10.1978, p. 36. Directive as last amended by the 1994 Act of Accession. or the procedure for merger by the formation of a new company laid down in Article 4(1) of the said Directive. In the case of a merger by acquisition, the acquiring company shall take the form of an SE when the merger takes place. In the case of a merger by the formation of a new company, the SE shall be the newly formed company.

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Source: EUR-Lex (Cellar) · retrieved 2026-11-01 · Text as adopted (Official Journal); later amendments are not incorporated in this text.