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Book 8 · Transitional provisions and final provisions › Section 352

Transformations already initiated. Changeover to the single currency

(1) The stipulations of the present Act are not to be applied to those transformations for the preparation of which an agreement or a declaration has already been recorded or certified by a notary prior to 1 January 1995, or regarding which an assembly of the holders of shares has been convened prior to 1 January 1995. The provisions applying until this date continue to be applicable to these transformations.

(2) Where a transformation is entered in the Commercial Register after 31 December 1998, the nominal amounts of the shares in a share capital company as the acquiring legal entity, the shares of which still correspond to the denomination of the nominal amounts applicable until that point in time, will be redefined in accordance with the provisions applicable until that point in time. Where the present Act refers to the respectively applicable company formation rules as regards a new legal entity, or a legal entity in its new legal form, or where, in the case of a change of legal form to that of a share capital company having a different legal form, the present Act leaves unaffected the provisions of other acts concerning the modification of the nominal capital or of the capital stock, this also will apply to the corresponding transitional provisions on the introduction of the single currency set out in the Introductory Act to the Stock Corporation Act and in the Act on Limited Liability Companies; where an application has been filed for entry in the register of a new legal entity, or a legal entity in its new legal form, until 31 December 1998, the company formation rules applying until this date will continue to be applicable.

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