Chapter I: General provisions.

This Title applies to 1° Companies having their registered office in France and resulting from a cross-border merger, demerger or conversion; 2° Companies participating in a cross-border merger, demerger or conversion and having their registered office in France; 3° Subsidiaries and establishments located in France of a company resulting from a cross-border merger, demerger or transformation located in another Member State of the European Union. Cross-border mergers, demergers or conversions…

A company resulting from a cross-border merger is not required to introduce rules on employee profit-sharing if, on the date of its registration, none of the companies involved in the merger is governed by such rules.

The terms and conditions of employee participation, within the meaning of Article L. 2351-6, shall be determined by agreement between the management of the companies involved in the cross-border operation and the employee representatives in accordance with this Chapter and Chapter II of this Title. Failing agreement, these terms and conditions shall be determined in accordance with Chapter III of this Title. By way of derogation from the first paragraph,…

The employee participation rules applicable prior to the cross-border transaction shall continue to apply until the date of application of any rules agreed subsequently or, in the absence of agreement, until the application of the provisions of Chapter III of this Title.

The workforce of the participating companies, subsidiaries or establishments concerned located in France is counted in accordance with Article L. 1111-2.

The provisions for the application of this Title relating to the procedure applicable to disputes and the information sent to the labour inspectorate in the event of the formation of the company resulting from the cross-border operation are determined by decree in the Conseil d’Etat.