Our Notary Office assists directors of capital companies in the issuance of certificates of legality for cross-border mergers.
This certificate legally certifies that the cross-border merger procedure complies with the provisions of the French Commercial Code and Directive (EU) 2017/1132, Chapter II.
The certificate of legality for cross-border mergers can only be issued for the benefit of French capital companies, whether they are the absorbing or absorbed entity in the merger.
The notary cannot certify the legality of the cross-border merger concerning companies governed by foreign law.
When the companies involved in the cross-border merger have appointed legal counsel (lawyer, foreign legal advisor, etc.) for the merger, the notaries of the office can liaise directly with them to obtain the necessary elements and supporting documents for issuing the certificate of legality for the cross-border merger.
In this case, and to facilitate communication and the process, the counsel for the companies involved in the cross-border merger may act as the sole contact for the notary responsible for certifying the legality of the cross-border merger procedure.
How to Obtain a Certificate of Legality for a Cross-Border Merger?