Subsection 2: Cross-border demergers

Cross-border division is the operation whereby a société par actions or a société à responsabilité limitée with its registered office in France participates in a division with one or more companies falling within the scope of paragraph 1 of Article 160b of Directive EU 2017/1132 of the European Parliament and of the Council of 14 June 2017 on certain aspects of company law and governed by the law of one…

Assets and liabilities not expressly allocated by the draft terms of cross-border division to one or other of the companies participating in the cross-border division shall be allocated, where the interpretation of the draft terms of division does not allow a decision to be taken on their allocation, in proportion to the net assets allocated to each of the recipient companies.