Posts tagged #capital increase

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Austrian OGH Blocks Early Transfer of Shares in Company Capital Increase

Civil Law 

The Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has determined that shares resulting from a future capital increase are only recognized upon the registration of the increase in the commercial register. Until this entry occurs, neit...

Auditor Liability Confirmed by Austrian OGH

Corporate Law 

The liability of auditors in connection with contributions in kind continues to raise complex legal questions, particularly in the context of capital measures involving corporations. In a recent decision, the Austrian Supreme Court (Oberster Gerichts...

OGH: No temporary suspension of capital measures

Corporate Law 

An application by a listed European Company (SE) for temporary suspension of capital measures has been rejected by the Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH). The situation was as follows: A limited company domiciled in Russia...

OGH: Liability of GmbH Shareholders for Notary Fees

Corporate Law 

The Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has clarified that the mere approval of a resolution to increase a company’s capital does not lead to the joint and several liability of shareholders for notary fees. The plaintiff, a...

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