PART 2REGISTRATION OF SEs AND THE REGISTRAR ETC.

F1Registration of an SE formed by merger in accordance with Article 2(1)5

1

Where it is proposed to register an SE formed by merger in accordance with Article 2(1), there must be delivered to the registrar an application for registration together with—

a

a copy of the statutes of the proposed SE, and

b

a copy of a court order from the relevant competent authority under regulation 75(c) confirming compliance with the requirements of Article 26.

2

The application must contain the following particulars in respect of each public limited-liability company merging to form the proposed SE—

a

its name;

b

its registered number (if any);

c

its registered office address;

d

the Member State in which it is registered; and

e

the address of the registry where its documents are filed.

3

The application must also contain—

a

a statement of whether the merger is by acquisition or by the formation of a new SE, and in cases where the merger is by acquisition, which of the merging companies is the acquiring company;

b

a statement of the SE’s name and registered office address (see regulation 10A);

c

a statement of proposed members (see regulation 10B); and

d

a statement of subscribed capital (see regulation 10C).