3.—(1) Paragraph 12B(1) (European cross-border merger) is amended as follows.
(2) In sub-paragraph (2)—
(a)omit “and” at the end of paragraph (c), and
(b)after paragraph (d) insert—
“and
(e)in the case of a merger to which sub-paragraph (1)(c) or (d) applies, in the course of the merger each transferor ceases to exist without being in liquidation (within the meaning given by section 247 of the Insolvency Act 1986 (c.55)).”.
(3) In sub-paragraph (3) after “determining” insert “the”.
(4) Omit sub-paragraph (5).
(5) In sub-paragraph (9) omit paragraph (d).
Paragraph 12B was inserted by section 54(1) of the Finance (No. 2) Act 2005 and was substituted by paragraph 8 of Schedule 2 to S.I. 2007/3186.