(1) Subject to paragraph (2), an Irish merging company shall deliver to the Registrar for registration, at least 30 days before the date of the general meeting referred to in Regulation 35 -

(a) a copy of the common draft terms, and

(b) a notice informing the members, creditors and employees' representatives that they may submit to their respective company, no later than 5 working days before the date of the general meeting, comments concerning the common draft terms, and

(c) a notice, in the form set out in Part 2 of Schedule 1.

(2) Subject to paragraph (4), paragraph (1) shall not apply in relation to an Irish merging company where the company publishes, free of charge on its website, the documents specified in paragraph (1)(a) and (b) for a continuous period of at least 2 months which -

(a) commences at least 30 days before, and

(b) ends at least 30 days after,

the date fixed for the general meeting referred to in Regulation 35.