Application of the rules concerning post-formation agreements

Where the merger agreement is concluded in the first two years since entry in the register of the acquiring company, section 52 (3), (4), (6) to (9) of the Stock Corporation Act concerning post-formation agreements is to be applied accordingly. These stipulations are to have no application if the stock to be allotted makes up no more than one tenth of the capital stock of this company, or if this company has obtained its current legal form by changing its prior legal form, which was that of a limited liability company, and has been entered in the Commercial Register with that legal form for at least two years. Where the capital stock is increased in order to implement the merger, the increased capital stock is to be used as a basis for the calculations.