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Part 2 · Special provisions  ›  Division 2 · Division involving stock corporations and public partly limited partnerships › Section 146

Application for entry in the register of the partial division or the division by separation

(1) In filing an application for entry in the register of the partial division or of the division by separation with the register maintained at the seat of a stock corporation being acquired, its management board – or, in the case of a public partly limited partnership, the general partners authorised to represent it – also are to file the declaration that, as per the time of the application for entry in the register, the pre-requisites for the formation of this company stipulated by the law and by the by-laws have been met, taking account of the partial division or the division by separation.

(2) Besides the documents otherwise required, the following are to be attached to the application for entry in the register of the partial division or of the division by separation:

1.  the division report pursuant to section 127;

2.  in the case of a partial division, the audit report pursuant to section 125 read in conjunction with section 12.

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