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Part 2 · Cross-border change of legal form › Section 341

Protection afforded to creditors

(1) Section 314 applies accordingly to the company changing its legal form and its creditors.

(2) For actions brought for a receivable by creditors against the company changing its legal form, German courts likewise have international jurisdiction, without regard to the stipulations of Union law, insofar as the receivable antedates the publication of the draft terms of the change of legal form, or of their initial outline, and the action is brought within two years of the cross-border change of legal form having taken effect. The place of jurisdiction within Germany is determined by the last seat of the legal entity changing its legal form.

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