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Commentary

42.2 General conditions applying to both direct and indirect demergers

COMPANIES vol 11 acquisitions, mergers, demergers
| Commentary

42.2 General conditions applying to both direct and indirect demergers

| Commentary

42.2 General conditions applying to both direct and indirect demergers

The general conditions are1:

  1. 42.2.1

        Condition A: each relevant company must be resident in a member state at the time of the distribution;

  2. 42.2.2

        Condition B: the distributing company must be at the time of the distribution either a trading company or a member of a trading group, and each subsidiary whose shares are being transferred must be either a trading company or the holding company of a trading group;

  3. 42.2.3

        Condition C: the distribution must be made wholly or mainly for the purpose of benefiting some or all of

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