916 Circumstances in which meeting of members of transferee company not required (merger)
916 Circumstances in which meeting of members of transferee company not required (merger)
Companies Act 2006 | Legislation

(1)     This section applies in the case of a merger by absorption where 90% or more (but not all) of the relevant securities of the transferor company (or, if there is more than one transferor company, of each of them) are held by or on behalf of the transferee company.

(2)     It is not necessary for the scheme to be approved at a meeting of the members, or any class of members, of the transferee company if the court is satisfied that the following conditions have been complied with.

[(3)     The first condition is that either subsection (3A) or subsection (3B) is satisfied.

(3A)     This subsection is satisfied if publication of notice of receipt of the draft terms by the registrar took place in respect of the transferee company at least one month before the date of the first meeting of members, or any class of members, of the transferor company summoned for the purpose of agreeing to the scheme.

(3B)     This subsection is satisfied if—