(1) The representative body of the company is to file an application for entry, in that register in which the legal entity changing its legal form is entered, of the fact that the pre-requisites for the cross-border change of legal form have been met.
(2) Section 198 (3) read in conjunction with section 16 (2) and (3) as well as section 199 apply accordingly with the proviso that the following are to be attached in addition to
1. the application for entry in the register:
a) the draft terms of the change of legal form, as an executed copy or as a publicly certified copy, as well as
b) any comments in accordance with section 336 read in conjunction with section 308 (1) sentence 2 no. 4, as a copy
2. the uniform report or the report for the employees: any statement of position that may be made in accordance with section 310 (3).
(3) The members of the representative body are to give an assurance that
1. the security offered under section 335 (2) no. 8 was provided to all creditors,
2. the rights of the employees under section 336 read in conjunction with section 308 (1) sentence 2 no. 4 letter (b) as well as under section 337 (1) read in conjunction with section 310 (1) and (3) have been respected,
3. proceedings to be implemented for purposes of negotiating the future co-determination in accordance with the provisions implementing Article 86l (3) and (4) of Directive (EU) 2017/1132 have been initiated
4. the company is not insolvent, its insolvency is not imminent and it is not insolvent as defined in section 17 (2), section 18 (2) or section 19 (2) of the Insolvency Code.
If it is impossible to give the assurance under sentence 1 no. 4, then the representative body is to inform which of the constituent elements set out therein apply and whether a request to open insolvency proceedings has been filed or insolvency proceedings have been opened. Once insolvency proceedings have been opened, this duty is incumbent on the insolvency administrator; if a provisional insolvency administrator has been appointed and a general prohibition of disposal has been imposed on the debtor, then this duty is incumbent on the provisional insolvency administrator.
(4) The representative body informs the court maintaining the register of the following:
1. the number of employees as at the time the draft terms of the change of legal form were drawn up,
2. the number of subsidiaries and their respective geographic locations as well as
3. the existence of liabilities owed to public bodies.
(5) The court competent under 341 (1) read in conjunction with section 314 (5) notifies the court maintaining the register, upon request, whether a claim to provision of security was asserted in court within the time limit stipulated in section 341 (1) read in conjunction with section 314 (3).