What is a limited liability company within the meaning of the merger directive?
The directive is applicable to different types of limited liability company. Art. 2 I lit. a refers to the first Council directive on company law (68/151/EEC) which lists the relevant types of public limited liability company and private limited liability company in the different member states. Moreover, according to Art. 2 I lit. b the directive is applicable, in a more general sense, to companies which have legal personality, possess separate assets which alone serve to cover its debts and which are subject under the national law covering it to disclosure requirements.
