118 Introduction to section 119
Taxation (International and Other Provisions) Act 2010 (2010 c 8) | Legislation

European cross-border mergers

118  Introduction to section 119

(1)     Section 119 applies if each of conditions A to E is met and—

(a)     in the case of a merger within subsection (2)(a) or (b), condition F is met,

(b)     in the case of a merger within subsection (2)(c), conditions F and G are met, and

(c)     in the case of a merger within subsection (2)(d), condition G is met.

(2)     Condition A is that—

(a)     an SE is formed by the merger of two or more companies in accordance with Articles 2(1) and 17(2)(a) or (b) of Council Regulation (EC) No 2157/2001 on the Statute for a European company (Societas Europaea),

(b)     an SCE is formed by the merger of two or more co-operative societies, at least one of which is a [registered society within the meaning of the Co-operative and Community Benefit Societies Act 2014 or a society registered or treated as registered under the Industrial and Provident Societies Act (Northern Ireland) 1969], in accordance with Articles 2(1) and 19 of Council Regulation (EC) No 1435/2003 on the Statute for a European Co-operative Society (SCE),

(c)     a merger is effected by the transfer by one or more companies

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