(1) The nominal amount of a limited liability company’s nominal capital, or of the capital stock of a stock corporation or that of a public partly limited partnership, may not exceed the assets of the company changing its legal form that remain after deduction of its debts.
(2) The report on company formation on the basis of contributions in kind, in the event of the legal form being changed to that of a limited liability company, or the formation report, in the event of the legal form being changed to that of a stock corporation or of a public partly limited partnership, also is to present the development taken by the business of the company changing its legal form and the company’s economic status.
(3) In the event of the legal form being changed to that of a stock corporation or of a public partly limited partnership, the formation is to be audited in any case, with the audit being performed by one or several auditors (section 33 (2) of the Stock Corporation Act). The time limit of two years determined for post-formation agreements in section 52 (1) of the Stock Corporation Act commences running on the date on which the change of legal form takes effect.