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Could the SNB rely on the participation rules in force in the member state in which the registered office of the company resulting from the cross-border merger is situated?

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Could the SNB rely on the participation rules in force in the member state in which the registered office of the company resulting from the cross-border merger is situated?

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Yes, this is possible, but a special majority is necessary, that is, the SNB has to decide by a majority of two-thirds of its members representing at least two-thirds of the employees in at least two different member states (Art. 16 IV lit. b). In this case, standard rules will not apply.

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