Chapter II: Employee participation in the company resulting from a cross-border operation by agreement of the special negotiating body.

Subject to the provisions of the second paragraph of Article L. 2372-4, the managers of each of the companies participating in the cross-border operation negotiate with the special negotiating body with a view to reaching an agreement which determines : 1° The participating companies, establishments and subsidiaries concerned by the agreement ; 2° The terms and conditions of participation, including, where applicable: a) The number of members of the administrative…

The agreement referred to in Article L. 2372-2 also provides, for all rules relating to employee profit-sharing, for a level at least equivalent to that existing in the company being split up or which is to be transformed.

Where several forms of shareholding exist within the companies involved in the transaction, the special negotiating body which decides to implement the procedures provided for in 2° of Article L. 2372-6 shall first choose, under the conditions provided for in the first paragraph of Article L. 2372-4, which of these forms shall be applied within the company resulting from the cross-border transaction.

The management of the participating companies and the special negotiating body may decide, by agreement, to apply Chapter III of this Title.