If a new company is to be incorporated by a merger, the merger agreement shall contain the following matters: <Amended by Act No. 6488, Jul. 24, 2001; Act No. 10600, Apr. 14, 2011; Act No. 13523, Dec. 1, 2015>
1. With regard to a company to be incorporated, matters prescribed in Article 289 (1) 1 through 4, the classes and the number if different classes of shares are to be issued, and the place of its principal office;
2. The total number, classes, number per class of shares to be issued by the company to be incorporated as well as any other matters relating to the allotment of shares to the shareholders of each constituent company;
3. The total amount of capital and reserve of a company to be incorporated;
4. Where money or any other asset is provided to the shareholders of each constituent company notwithstanding subparagraph 2, matters concerning the details and allotment thereof;
5. Matters provided for in subparagraphs 5 and 6 of Article 523;
6. Where directors, auditors or members of the audit committee who are to take office in a company incorporated by the merger have been determined, their names and resident registration numbers.