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Version status: In force | Document consolidation status: Updated to reflect all known changes
Version date: 24 May 2023 - onwards

Regulation 37 Cross-border mergers: protection of shareholders

(1) Where a special resolution referred to in Regulation 35(1) is passed at a general meeting of an Irish merging company, a minority shareholder in that company may, not later than 30 days after the date on which the general meeting was held, request the company in writing to acquire his or her shares for the cash compensation specified in the common draft terms.

(2) A minority shareholder may make the request referred to in paragraph (1) by electronic means to an electronic address provided by the Irish merging company.

(3) Where a request is made by a minority shareholder in accordance with paragraph (1), the cash compensation payable to that shareholder shall be paid within 2 months after the effective date.

(4) Where a minority shareholder who has made a request in accordance with paragraph (1) considers that the cash compensation specified in the common draft terms has not been adequately set, that shareholder may apply to the Court for additional cash compensation within 30 days after the date on which the general meeting was held.