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Mensuel d'octobre 2019
By Catherine CATHIARD(1), Director, avocat à la Cour and David MARIA(2), Partner, avocat à la Cour, Wildgen
In April 2019 EU institutions approved the text of the new directive amending directive 2017/1132(3) by introducing procedures governing the cross-border conversions and divisions of limited-liability companies and modifying and extending its scope for cross-border mergers (the ‘Directive’). One of the main sensitive provisions of the Directive is the pre-operation assessment by a competent authority requiring to scrutinise whether ‘the cross-border operation is carried out for abusive or fraudulent purposes with the aim or leading to evasion or circumvention of national law or EU law, or...
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