Where the general meeting of bondholders fails to approve the company’s proposals regarding
its merger or division, the company may override this and the bondholders shall maintain their
rights as bondholders in the acquiring company or in the new company created from the merger
or in the companies created from the division, as the case may be.
Where the company decides to override the failure of the said general assembly to give approval,
the chairperson managing director, the general manager or the managing director, as the case
may be, shall inform the representative of the bondholders’ group thereof by hand-delivered
letter against a receipt or by registered letter with a request for acknowledgement of receipt.
The group of bondholders may file an opposition to the merger or division with the president of
the competent court.
The said president may dismiss the action or order a refund of the bonds or that guarantees be
provided if the acquiring company or the company being divided offers guarantees which are
deemed sufficient.
Official translation
Spot-checked
In force from 17 April 1997
Source page 175