A merger of companies means that two or more legal entities are incorporated in one new legal person.
In the Dutch Civil Code a merger is defined as the legal act of two or more legal entities
According to Dutch corporate law legal entities can merge with legal entities which have the same legal form. In this regard the private and public limited are considered as the same legal form. In case of establishment of a new the acquiring legal person, the entity has to have the same legal form is the merging entities.