(1) The holders of shares may make their consent under section 13 contingent on the express ratification by the employees of the new company of the arrangements made for their co-determination rights.
(2) The assembly of the holders of shares takes note of the division report, the audit report and of any statements of position under section 323 read in conjunction with section 308 (1) sentence 2 no. 4 prior to adopting a resolution regarding the consent to the draft terms of division.
(3) If, in the case of a full division or partial division, the shares in the new company are not allocated to the holders of shares in the company being acquired in that ratio that corresponds to their ownership interest in the company being acquired, then the draft terms of the division will take effect only if those holders of shares consent to it who are placed at a disadvantage by the allocation.