<Amended by Act No. 13523, Dec. 1, 2015>
(1) Where any part of a divided company merges with another company and such another company (hereinafter referred to as the "other party to a merger after division") survives, the following matters shall be entered in a merger agreement after division: <Amended by Act No. 13523, Dec. 1, 2015>
1. Where the surviving company (hereinafter referred to as "succeeding company after division"), which is the other party to the merger after division, increases the total number of shares to be issued due to the merger after division, the total number, classes, and number per class of such shares;
2. Where the succeeding company after division issues new shares or transfers treasury shares for the merger after division, the total number, classes, and number per class of new shares it issues or treasury shares it transfers;
3. Where the succeeding company after division issues new shares or transfers treasury shares for the merger after division, matters concerning the allotment of shares by the succeeding company after division to the shareholders of the divided company, and where shares are consolidated or divided, matters concerning the consolidation or division thereof;
4. Where the succeeding company after division provides money or other assets to the shareholders of the divided company as all or a part of the consideration notwithstanding subparagraph 3, matters concerning the details and allotment thereof;
5. Where the amount of capital or reserves of the succeeding company after division is increased, matters concerning the capital or reserves to be increased;
6. Assets to be transferred by the divided company to the succeeding company after division, and the value thereof;
7. Matters determined pursuant to Article 530-9 (3), if any;
8. The date of a general meeting of shareholders at which each company is to adopt a resolution under Article 530-3 (2);
9. The date on which the merger after division is to be effected;
10. Where directors and auditors of the succeeding company after division are designated, their names and resident registration numbers;
11. Other matters requiring amendment of the articles of incorporation of the succeeding company after division.
(2) Where any part of a divided company merges with part of another divided company or another company after division in order to incorporate a company, the following matters shall be entered in an agreement for the merger after division: <Amended by Act No. 13523, Dec. 1, 2015>
1. Matters provided for in Article 530-5 (1) 1, 2, 6, 7, 8, 8-2, 9 and 10;
2. The total number, classes, and number per class of shares to be issued by the company incorporated by merger after division (hereinafter referred to as "newly incorporated company by merger after division") for the merger after division;
3. Matters concerning the allotment of shares by each company to their shareholders, and provisions concerning the consolidation or split of shares pursuant to such allotment, if so determined;
4. Assets to be transferred by each company to the newly incorporated company by merger after division, and the value thereof;
5. The amount to be paid by each company to their shareholders, if so determined;
6. The date of a general meeting of shareholders at which each company is to adopt a resolution under Article 530-3 (2);
7. The date on which the merger after division is to be effected.
(3) The provisions of Article 530-5 shall apply mutatis mutandis to entries regarding the segment not subject to a merger after division, in cases falling under paragraphs (1) and (2).
(4) Notwithstanding Article 342-2 (1), where assets provided to the shareholders of a divided company pursuant to paragraph (1) 4 include the shares of the parent company of the succeeding company after division, the succeeding company after division may acquire the shares of the parent company for the provision. <Newly Inserted by Act No. 13523, Dec. 1, 2015>
(5) Where the succeeding company after division continues to own the shares of the parent company it has acquired pursuant to paragraph (4) after the merger after division, it shall dispose of such shares within six months from the date the merger after division takes effect. <Newly Inserted by Act No. 13523, Dec. 1, 2015>[This Article Newly Inserted by Act No. 5591, Dec. 28, 1998]