Libro Dos · Título Dos Capítulo Seis. Fusión

Two or more political parties may merge, for the purpose of one of them absorbing the others or, by means of the merger, constituting a new one.

The merger must be previously approved by the national assemblies of each of the participating political parties, with the favorable vote of more than sixty percent of the delegates registered and accredited in each national assembly. In the same assemblies and with the same majority, the bases of the merger shall be approved and specific representatives shall be designated to execute the corresponding public deed.

The public deed of merger shall contain, in addition to the requirements established in the Notarial Code for this class of instruments, the following:

a)If by absorption:

1.Ratification or modification of the declaration of principles of the party that maintains its existence.

2.Ratification or modification, where applicable, of the statutes of said party.

3.Express declaration that said party assumes the totality of the assets and liabilities of the absorbed parties.

4.Any other stipulations relating to the merger.

b)If for constituting a new party, all the requirements indicated in Articles 63 and 65 of this law, with respect to the new political party.

The attested copy of the public deed of merger shall be filed with the Register of Citizens within the term of fifteen days following its execution, together with certified copies of the records of the National Assemblies of all the parties seeking to merge. If the documentation filed conforms to legal norms, the Director of the Register of Citizens shall order that:

a)The merger notice be published in the official gazette, only once, on its own initiative and free of charge.

b)If no opposition is received within the time limit of fifteen days following the publication referred to in subparagraph a) of this article:

1.The merger agreement be registered.

2.The registration of the parties be canceled.

3.Any other registrations or annotations to which the merger deed gives rise be made.

In the case of merger by absorption, the cancellation shall affect only the absorbed parties and the party organization thereof shall become part of that of the party maintaining its existence.

In the case of merger to constitute a new political party, the cancellation shall affect all the merged parties and, in addition to the documentation indicated in the first paragraph of this article, the list of members of the permanent organs of the new party shall be filed with the Register of Citizens, prior to ordering publication of the notice; the Director of the Register of Citizens shall determine whether the constitutive deed conforms to the law, and, where applicable, proceed as provided in Article 68 thereof.

Against the merger of political parties, opposition shall lie only for non-compliance with the formalities set forth in Article 78 of this law and in case of total or partial nullity of the public deed of merger.

Oppositions shall be processed and resolved in the same manner as set forth in Chapter Five of Title Two of this law.