S.L. 452.98 Art. 12SCEs established exclusively by natural persons or by a single legal entity and natural persons.

(1) This regulation is applicable to SCEs established exclusively by natural persons or by a single legal entity and natural persons.

(2) The provisions of regulations 4 to 11 apply in the case of an

SCE established exclusively by natural persons or by a single legal entity and natural persons, which together employ at least fifty employees in at least two Member States.

(3) In the case of an SCE established exclusively by natural persons or by a single legal entity and natural persons, which together employ fewer than fifty employees, or employ fifty or more employees in only one Member State -

(i) employee involvement in the SCE itself shall be governed by the law, applicable to other entities of the same type, of the Member State where the SCE has its registered office;

(ii) employee involvement in its subsidiaries and establishments shall be governed by the law, applicable to other entities of the same type, of the Member State where they are situated.

(4) In the case of transfer of the registered office of an SCE governed by participation from one Member State to another, at least the same level of employee participation rights shall continue to apply.

(5) If, after the registration of an SCE referred to in subregulation (3), at least one third of the total number of employees of the SCE and its subsidiaries and establishments in at least two different Member States so requests, or if the total number of employees reaches or exceeds fifty employees in at least two Member States, regulations 4 to 11 shall mutatis mutandis apply. In this case, the terms ‘participating legal entities’ and ‘concerned subsidiaries or establishments’ shall be replaced by the words ‘SCE’ and ‘subsidiaries or establishments of the SCE’ respectively.