| Commentary

184.2 Opting in

| Commentary

184.2 Opting in

A company may opt in to the breakthrough regime1 by passing a special resolution (opting-in resolution) provided that:

  1. 184.2.1

        it has voting shares admitted to trading on a regulated market2;

  2. 184.2.2

        its articles of association do not contain any of the restrictions mentioned in Article 11 of the Takeovers Directive (or provide that any such restrictions do not apply at a time when, or in circumstances in which, they would be disapplied by that Article), and those articles do not contain any other provision which would be incompatible with that Article3; and

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