Posts tagged #commercial register
All PostsGER: Right to Deletion after Incorrect Commercial Register Entry
Corporate LawThe subjective rights of the shareholder are not affected by an incorrect entry in the commercial register. Deletion is not a right. The German Federal Court of Justice (Bundesgerichtshof, hereinafter BGH) referred the shareholder concerned to the ci...
GER: 'v.de AG' not Eligible for Company Name Registration
Corporate LawThe German Federal Court of Justice (Bundesgerichtshof, hereinafter BGH) has recently ruled that the company name 'v.de AG' cannot be entered in the commercial register as it lacks the distinctive character required under Section 18(1) of the German ...
BGH: Managers’ Personal Data in Commercial Registers
Corporate LawAccording to the German Federal Court of Justice (Bundesgerichthof, hereinafter BGH), listing personal data of managing directors in the commercial register must be tolerated. Neither under national law nor under the GDPR is there a right to data del...
GER: Apparent Legality of Sacked Managers
Civil LawThe German Federal Court of Justice (Bundesgerichtshof, hereinafter BGH) has ruled: As long as a managing director is registered in the commercial register it’s safe to assume that the manager’s power to represent a company is valid. Anything to the ...
GER: BGH on the Public Nature of the Commercial Register
Corporate LawThe information contained in the electronic commercial register at www.handelsregister.de is public. According to the German Federal Supreme Court (Bundesgerichtshof, hereinafter BGH), the register is a reliable and freely accessible source of inform...
OGH on the entry in the commercial register of a resolution contestable due to defects in the convening of the meeting
Corporate LawThe Austrian Supreme Court (Oberster Gerichtshof, OGH) had to clarify the question of whether a resolution that presents defects and is therefore contestable - not null and void - can be entered in the commercial register. At the general meeting of a...
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