(1) The merger agreement will take effect only if the holders of shares in the legal entities involved consent to same by a resolution (merger resolution). Said resolution may only be adopted at an assembly of the holders of shares.
(2) Where the assignment of the shares in a legal entity being acquired is contingent on certain individual holders of shares approving it, their consent is pre-requisite for the validity of any merger resolution adopted by this legal entity.
(3) The merger resolution and the declarations of consent to be made by individual holders of shares as required by the present Act, including the required declarations of consent to be made by holders of shares who did not appear at the assembly, must be recorded by a notary. The agreement, or its draft, is to be attached to the resolution as an annex. Upon a corresponding demand being made, the legal entity is to issue to each holder of shares, at the latter’s costs and without undue delay, a copy of the agreement, or of its draft, as well as a copy of the record of the resolution.