(1) Where it is not possible to implement a merger pursuant to the provisions set out in Divisions 1 to 8, a share capital company may be merged, by way of absorption, with the assets of a shareholder or of a stockholder, provided that all business shares or all shares of stock in the company are held by the shareholder or stockholder.
(2) Where the share capital company holds treasury shares, they are attributed to the shareholder or stockholder in establishing whether the pre-requisites for the merger are met.