Section 770 | Continuity where group includes an SE

(1)This section applies if the principal company of a group (“Group 1”)—

(a)becomes an SE as a result of being the acquiring company in the formation of an SE by merger by acquisition (in accordance with Articles 2(1), 17(2)(a) and 29(1) of Council Regulation (EC) No 2157/2001 on the Statute for a European company),

(b)becomes a subsidiary of a holding SE (formed in accordance with Article 2(2) of that Regulation), or

(c)is transformed into an SE (in accordance with Article 2(4) of that Regulation).

(2)For the purposes of this Part—

(a)Group 1 and any group of which the SE is a member on formation is treated as the same, and

(b)the question whether a company has ceased to be a member of a group must be determined accordingly.