(1) The draft terms of merger, or their initial outline, are to be audited in accordance with sections 9 to 12; sections 39e and 48 are not to be applied. The audit report must be made accessible to the holders of shares no later than one month prior to the date of the assembly of holders of shares that is to adopt a resolution in accordance with section 13 regarding the consent to the draft terms of merger.
(2) Section 9 (2) and section 12 (3), in each case read in conjunction with section 8 (3), apply with the proviso that a waiver by all holders of shares in all legal entities involved is required. The audit of the merger and the audit report furthermore are not required in the cases governed by section 307 (3) no. 2 letters (b) and (c).