(1) The provisions of Division 2, to the exception of section 16 (1) and of section 27, are to be applied accordingly to the merger by new formation. The new legal entity takes the stead of the acquiring legal entity and the entry of the new legal entity in the register takes the stead of the entry of the merger in the register maintained at the seat of the acquiring legal entity.
(2) Unless the stipulations of the present Book lead to a different conclusion, the company formation rules as applying to the legal structure of the legal entity concerned apply to the formation of the new legal entity. The legal entities being acquired are equivalent to the founders. Provisions stipulating a minimum number of founders for the formation are not to be applied.