The laws of the Member States may not provide for the nullity of companies otherwise than in accordance with the following provisions:
(a) nullity must be ordered by decision of a court of law;
(b) nullity may be ordered only on the grounds:
(i) that no instrument of constitution was executed or that the rules of preventive control or the requisite legal formalities were not complied with;
(ii) that the objects of the company are unlawful or contrary to public policy;
(iii) that the instrument of constitution or the statutes do not state the name of the company, the amount of the individual subscriptions of capital, the total amount of the capital subscribed or the objects of the company;
(iv) of failure to comply with the provisions of the national law concerning the minimum amount of capital to be paid up;
(v) of the incapacity of all the founder members;
(vi) that, contrary to the national law governing the company, the number of founder members is less than two.