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5.—(1) When the competent organ of a participating company decides to form an SE, that organ must, as soon as possible after—
(a)publishing the draft terms of merger,
(b)creating a holding company, or
(c)agreeing a plan to form a subsidiary or to transform into an SE,
provide information to the employees’ representatives of the participating company, its concerned subsidiaries and establishments or, if no such representatives exist, the employees themselves.
(2) The information referred to in paragraph (1) must include, as a minimum, information—
(a)identifying the participating companies, concerned subsidiaries and establishments,
(b)giving the number of employees employed by each participating company and concerned subsidiary and at each concerned establishment, and
(c)giving the number of employees employed to work in each EEA State.
(3) When a special negotiating body has been formed in accordance with regulation 8, the competent organs of each participating company must provide that body with such information as is necessary to keep it informed of the plan and progress of establishing the SE up to the time the SE has been registered.
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