+Article 160a Scope
---+Article 160a 1.
---+Article 160a 2.
---+Article 160a 3.
---+Article 160a 4.
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Article 160a Scope

1. Vue d’ensemble

,
Article 160a 1.
This Chapter shall apply to cross-border divisions of limited liability companies formed in accordance with the law of a Member State and having their registered office, central administration or principal place of business within the Union, provided that at least two of the limited liability companies involved in the division are governed by the laws of different Member States (hereinafter referred to as ‘cross-border division’).
Article 160a 2.
Notwithstanding point 4 of Article 160b, this Chapter shall also apply to cross-border divisions where the law of at least one of the Member States concerned allows the cash payment referred to in points (a) and (b) of point 4 of Article 160b to exceed 10 % of the nominal value, or, in the absence of a nominal value, 10 % of the accounting par value of the securities or shares representing the capital of the recipient companies.
Article 160a 3.
This Chapter shall not apply to cross-border divisions involving a company the object of which is the collective investment of capital provided by the public, which operates on the principle of risk-spreading and the units of which are, at the holders’ request, repurchased or redeemed, directly or indirectly, out of the assets of that company. Action taken by such a company to ensure that the stock exchange value of its units does not vary significantly from its net asset value shall be regarded as equivalent to such repurchase or redemption.
Article 160a 4.

Member States shall ensure that this Chapter does not apply to companies in either of the following circumstances:

(a) 

the company is in liquidation and has begun to distribute assets to its members;

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(b) 

the company is subject to resolution tools, powers and mechanisms provided for in Title IV of Directive 2014/59/EU or in Title V of Regulation (EU) 2021/23.

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Article 160a 5.

Member States may decide not to apply this Chapter to companies which are:

(a) 

the subject of insolvency proceedings or subject to preventive restructuring frameworks;

(b) 

the subject of liquidation proceedings other than those referred to in point (a) of paragraph 4; or

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(c) 

the subject of crisis prevention measures as defined in point (101) of Article 2(1) of Directive 2014/59/EU or in point (48) of Article 2 of Regulation (EU) 2021/23.

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1.1 Références

1.2 Exigences identifiées

1.3 Normes associées

2. Exigences identifiées

Exigences

3. Normes associées

Normes