Could the management of the companies in the case of Art. 16 II prevent negotiations?
Yes. The relevant organs of the merging companies have the right to choose without any prior negotiations to be directly subject to the standard rules for participation, as laid down by the member state in which the company resulting from the merger will have its registered office (Art. 16 IV lit. a). This provision goes back to a British proposal and is meant to accelerate the whole procedure.
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- Could the management of the companies in the case of Art. 16 II prevent negotiations?
