(1) A cross-border merger is a merger in which at least one of the companies involved is subject to the laws of another Member State of the European Union or of another Contracting Party of the Agreement creating the European Economic Area.
(2) Unless the stipulations of the present Part lead to a different conclusion, the provisions of Part 1 and those of Divisions 2, 3, and 4 of Part 2 of Book 2 are to be applied accordingly to the involvement of a share capital company (section 3 (1) no. 2) in a cross-border merger. Unless the stipulations of the present Part lead to a different conclusion, the provisions of Part 1 and those of Subdivision 2 of Division 1 of Part 2 of Book 2 are to be applied accordingly to the involvement of a commercial partnership (section 3 (1) no. 1) in a cross-border merger.