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Part 3 · Asset transfers among insurers  ›  Division 4 · Transfer of the assets of a public-law insurer to stock corporations or mutual insurance companies › Section 188

Application of the rules governing mergers

(1) In the case of a full transfer in accordance with section 175 no. 2 letter (c), and unless the following provisions lead to a different conclusion, the provisions of Book 2 applying to mergers by absorption are to be applied accordingly to the acquiring legal entities, while section 176 (3) is to be applied accordingly to the insurance company being acquired.

(2) Section 176 (2) and (4) as well as section 178 (3) are to be applied accordingly.

(3) Where public-law insurers are concerned, the application for approval filed with the supervisory authority takes the stead of the application for entry in the register, while the notice by publication in accordance with sentence 2 takes the stead of the entry in the register and its publication. As soon as the asset transfer has been approved by all supervisory authorities involved, the supervisory body responsible for the public-law insurer will publish the asset transfer and its approval by publishing a notice in the Official Gazette (Bundesanzeiger).

Subdivision 2
Partial transfer

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