(1) The draft terms of merger, or their initial outline, are to be filed with the register. The court is to provide, without undue delay, the following information in the publication pursuant to section 10 of the Commercial Code:
1. an indication as to the draft terms of merger, or their initial outline, having been filed with the Commercial Register,
2. the legal form, business name and seat, respectively, of the companies involved in the cross-border merger,
3. the registers in which the companies involved in the cross-border merger have been entered, as well as the number under which they respectively have been entered,
4. a notice to the following persons that they may transmit to the company concerned, by no later than five working days prior to the meeting of shareholders, comments on the draft terms of merger addressed to:
a) the holders of shares and creditors of the companies involved in the cross-border merger, as well as to the
b) competent works councils of the companies involved in the cross-border merger, or, in the event no works council exists, to the employees of the companies involved in the cross-border merger.
The information of which notice is to be given by publication is to be provided to the register when filing the draft terms of merger or their initial outline. The assembly of the holders of shares may adopt a resolution in accordance with section 13 regarding the consent to the draft terms of merger only once one month has lapsed following publication of the notice.
(2) If a merger resolution by the holders of shares in the company being acquired is not required as set out in section 312 (2) read in conjunction with section 307 (3), then the company being acquired is to file the draft terms of merger with the register no later than one month prior to the day on which the draft terms of merger are recorded by a notary.
(3) If a merger resolution by the holders of shares in the company being acquired is required, while a merger resolution by the holders of shares in the acquiring company is not required as set out in section 62 (1), then the acquiring company is to file the draft terms of merger with the register one month prior to the assembly of the holders of shares in the company being acquired that is to adopt a resolution in accordance with section 13 regarding the consent.
(4) Where, according to section 312 (2) and section 62 (1), neither a merger resolution by the holders of shares in the company being acquired nor a merger resolution by the holders of shares in the acquiring company is required, the acquiring company is to file the draft terms of merger with the register no later than one month prior to the day on which the draft terms of merger are recorded by a notary.