PART 4EXERCISE OF MEMBER STATES OPTIONS UNDER THE EC REGULATION

Participation in the formation of an SE by a company formed under the law of a Member State whose head office is not in the Community (Article 2(5))F255

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Additional forms of publication of transfer proposal (Article 8(2))F256

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Extension of protection given by Article 8(7) to liabilities incurred prior to transfer (Article 8(7))F257

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Power of the competent authorities of a Member State to oppose a transfer on public interest grounds (Article 8(14))F258

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Power of the management or administrative organ of F3a UK Societas to amend statutes where in conflict with employee involvement arrangements (Article 12(4))C159

Where there is a conflict between the arrangements for employee involvement and the existing statutes the management or administrative organ of the F4UK Societas may amend the statutes to the extent necessary to resolve the conflict without any further decision from the general shareholders meeting.

Power of the competent authorities of a Member State to oppose the participation of a merging company governed by its law on public interest grounds (Article 19)F160

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Minimum number of members of the management organ (Article 39(4))C261

The minimum number of the members of the management organ of F5a UK Societas is two.

Minimum number of members of the supervisory organ (Article 40(3))C362

The minimum number of the members of the supervisory organ of F6a UK Societas is two.

Members of the supervisory organ to be entitled to require the management organ to provide certain information (Article 41(3))63

Each member of the supervisory organ is entitled to require the management organ to provide to that member information of a kind which the supervisory organ needs to exercise supervision in accordance with Article 40(1).

Minimum number of members of an administrative organ (Article 43(2))C464

The minimum number of the members of the administrative organ of F7a UK Societas is two.

Timing of the first general meeting of F8a UK Societas (Article 54(1))65

The first general meeting of F9a UK Societas may be held at any time in the 18 months following F10its incorporation F11as an SE.

Proportion of shareholders of F12a UK Societas who may require one or more additional items to be put on the agenda of any general meeting (Article 56)66

The proportion of the shareholders of F13a UK Societas who may require one or more additional items put on the agenda of any general meeting is to be the holders of at least 5% of F14the UK Societas's subscribed capital.

F15UK Societates subject to law on public limited liability companies as regard the expression of their capital (Article 67(1))C567

F16A UK Societas shall be subject to the provisions of the enactments and rules of law applying to a public company as regards the expression of its capital.