Date-stamp loading
Version status: Entered into force | Document consolidation status: Updated to reflect all known changes
Version date: 20 July 2017 - onwards
  Version 2 of 2    

Article 153 Conditions for nullity of a division

1. The laws of Member States may lay down nullity rules for divisions in accordance with the following conditions only:

(a) nullity must be ordered in a court judgment;

(b) divisions which have taken effect pursuant to Article 149 are declared void only if there has been no judicial or administrative preventive supervision of their legality, or if they have not been drawn up and certified in due legal form, or if it is shown that the decision of the general meeting is void or voidable under national law;

(c) nullification proceedings are not initiated more than six months after the date on which the division becomes effective as against the person alleging nullity or if the situation has been rectified;

(d) where it is possible to remedy a defect liable to render a division void, the competent court grants the companies involved a period of time within which to rectify the situation;

(e) a judgment declaring a division void is published in the manner prescribed by the laws of each Memb

Comparing proposed amendment...