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Book 1 · Eligibility for transformation › Section 1

Types of transformation; statutory restrictions

(1) Legal entities having their seat in Germany may be transformed

1.  by way of a merger;

2.  by way of a division (full division, partial division, division by separation);

3.  by way of an asset transfer;

4.  by way of a change of legal form.

(2) A transformation in the sense of subsection (1) will be possible, in cases besides those governed by the present Act, only if it has been expressly provided for by a different federal law or Land law.

(3) Any deviations from the stipulations of the present Act must have been expressly declared permissible herein. Supplementary determinations made in contracts, by-laws, or declarations of intent are permissible unless the present Act has provided conclusively for the matter.

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