Companies Act 2014 section 209

Condition to be satisfied in relation to declaration referred to in section 206

Section 209 sets out the condition that must be met for a merger declaration under section 206 to be valid, requiring it to be accompanied by a supporting document addressing the prescribed effects of the merger.

• A merger declaration under section 206 has no effect unless accompanied by a supporting document prepared by the declarants.
• The supporting document must either confirm that the common draft terms of merger contain sufficient detail, or provide the additional particulars needed, to allow the prescribed merger effects to operate without difficulty.
• The prescribed effects are those set out in section 480(3)(a) to (i), as applied through the summary approval procedure under section 472(2).
• Where the common draft terms of merger lack sufficient detail on any relevant matter, the declarants must supply the missing particulars in their accompanying document.