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

The directors of the participating companies convene the members of the special negotiating body to an initial meeting. The invitation sets the date of the meeting. It is sent by registered letter with acknowledgement of receipt. The six-month period referred to in the second paragraph of Article L. 2352-9 runs from the date of this first meeting.

The members of the special negotiating body shall be kept informed of : 1° The method of incorporation of the company resulting from the cross-border operation and its effects on the participating companies and their subsidiaries and establishments; 2° The shareholding arrangements made within these participating companies, subsidiaries and establishments, whether they are located in France or in another Member State of the European Union or the European Economic Area;…

For the calculation of the employee majorities mentioned in the first and second paragraphs of Article L. 2372-4, each member holding a seat on the special negotiating body allocated to a Member State represents a number of employees equal to the total number of employees employed in the participating companies, subsidiaries and establishments located in that Member State, divided by the number of seats allocated to that Member State, rounded…

The information provided, in application of the fourth paragraph of Article L. 229-3 of the Commercial Code, by the company, subsidiary or establishment concerned by the transaction to certify that the terms and conditions relating to employee participation have been set in accordance with the provisions of Articles L. 2371-1 to L. 2371-3, L. 2372-1 to L. 2372-4, the second paragraph of Article L. 2372-5 and Articles L. 2372-6 to…