In the cases provided for in Article L. 2373-2, the following must be attached to the application for registration of the company resulting from the cross-border operation:
1° The agreement relating to the establishment of the works council of the company resulting from the cross-border operation and, where the company resulting from the cross-border operation is not composed exclusively of natural persons, of an employee profit-sharing scheme provided for in Article L. 2373-2;
2° Failing the agreement referred to in 1°, a written undertaking by the directors of the participating companies to apply the provisions of Articles L. 2371-4, L. 2372-5, second paragraph, insofar as it refers to Article L. 2352-9, L. 2373-1, L. 2373-3, L. 2374-1.