Application for entry in the register of the merger

In filing an application for entry in the register of the merger, the representative bodies of the legal entities involved in the merger additionally are to declare, in the case governed by section 51 (1), that the merger resolution adopted by each of the legal entities being acquired was consented to by all of the holders of shares in the respective legal entity who were in attendance when the merger resolution was adopted, and that, insofar as the legal entity being acquired is a partnership having legal capacity or a limited liability company, those of the shareholders of this company who did not appear likewise consented to said resolution. Where a limited liability company, regarding the business shares of which not all capital contributions to be paid in have been so paid in in the full amount, is absorbed by a limited liability company by way of a merger, this requires the additional declaration that all shareholders of this company have consented to the merger resolution being adopted.