PART 2REGISTRATION OF SEs AND THE REGISTRAR ETC.
F1Registration of an SE by the transformation of a public company in accordance with Article 2(4)8
1
Where it is proposed to register an SE by the transformation of a public company in accordance with Article 2(4), there must be delivered to the registrar an application for registration together with—
a
a copy of the statutes of the proposed SE;
b
a copy of the report explaining and justifying the legal and economic aspects of the conversion in accordance with Article 37(4);
c
copies of the certificates made in accordance with Article 37(6);
d
a copy of the resolution approving the draft statutes and draft terms of conversion to SE of the public company in accordance with Article 37(7); and
e
a statement of compliance (see regulation 11A).
2
The application must state—
a
the public company’s registered number and name;
b
the date on which the certificate was prepared in accordance with Article 37(6); and
c
the date on which the general meeting of the public company approved the draft terms of conversion in accordance with Article 37(7).
3
The application must also contain —
a
a statement of the SE’s name and registered office address (see regulation 10A);
b
a statement of its proposed members (see regulation 10B);
c
a statement of subscribed capital (see regulation 10C); and
d
an employee involvement statement (see regulation 10D) made—
i
in the case of a statement under paragraph 10D(2), on behalf of the special negotiating body and by a director of the public company; or
ii
in the case of a statement under paragraph 10D(3), by a director of the public company.