(1) The creditors of the company being acquired may demand that they be provided security for a receivable in cases in which
1. the receivable antedates the publication of the draft terms of merger, or their initial outline, but has not yet fallen due at the time of such publication and
2. its satisfaction is jeopardised due to the merger.
(2) The pre-requisites for the claim under subsection (1) are to be demonstrated to the satisfaction of the competent court.
(3) The claim to provision of security expires unless it is asserted in court within three months of the draft terms of merger having been published.
(4) Securities provided are to be released if the merger proceedings have failed. This is the case in particular if
1. the decision of the court to refuse the entry defined in section 316 (1) has become final and binding,
2. it no longer is possible to contest the decision refusing entry of the merger in the register of the acquiring company or new company or
3. the procedure for entry in accordance with section 316 (1) or, following said entry, the procedure for entry of the merger in the register of the acquiring company or new company has been brought to a final and conclusive end in some other manner.
(5) That court has exclusive competence for disputes regarding the claim to provision of security under subsection (1) as well as regarding the release under subsection (4) to the district of which the court maintaining the register belongs that is competent for the issuance of the pre-merger certificate.