If the acquiring company or the new company is subject to German law, then a merger will be considered a cross-border merger as defined in this Part also if a company being acquired is involved in it that is subject to the laws of the United Kingdom of Great Britain and Northern Ireland, provided that
1. the draft terms of merger have been recorded by a notary in accordance with section 307 (4) prior to the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union or prior to a transition period lapsing during which the United Kingdom of Great Britain and Northern Ireland continues to be considered a Member State of the European Union, and
2. an application is filed along with the required documents without undue delay, but no later than two years following that point in time, for entry of the merger in the register.