Consent of the recipient legal entity

(1) A transfer under section 107 requires the consent of the recipient legal entity. The consent must refer to a draft resolution order that corresponds in substance to the resolution order issued. In the case of section 107(1), point 1, letter a, the consent requires notarial recording; the draft resolution order is attached to the consent as an annex. The existence of the consent is documented in the resolution order.
(2) Where the resolution order is to provide that shares in the recipient legal entity are to be granted to the institution or group entity as consideration for the transfer, and a resolution of the general meeting of the recipient legal entity is required for this, the resolution order may be issued only once the necessary resolutions of the general meeting have been adopted and can no longer be challenged with the legal consequence of a possible unwinding.