(1) The representative body of the company changing its legal form is to file an application for entry of the company in its new legal form in the register relevant for the legal form. The draft terms of the change of legal form and, if applicable, the agreement on employee co-determination rights, in the form stipulated in section 17 (1), are to be attached to the application for entry. Section 198 (3) and section 199 are not to be applied to the company changing its legal form.
(2) The certificate as to a change of legal form transmitted via the European system of interconnection of registers is recognised as proof of the proper completion of the preceding procedures and formalities applying under the laws of the state by which the company changing its legal form is governed. Without the certificate as to the change of legal form, it is not permissible for the cross-border change of legal form to be entered in the register.
(3) The review of whether the pre-requisites for entry in the register have been met extends in particular to the matter of whether an agreement regarding employee co-determination rights has been concluded, where applicable, and whether the provisions governing the formation of the company in its new legal form have been complied with.
(4) The court having jurisdiction at the seat of the company in its new legal form is to give notice, of its own motion, of the cross-border change of legal form having taken effect to the register with which the company changing its legal form had to lodge its records.