Posts tagged #shareholder
All PostsGER: Anonymity and Trusteeships – Shareholders’ Rights to Information Strengthened
Data Privacy LawAlthough trusteeships are often intended to provide investors with anonymity, this desire is subject to clear limits under company law. In one of its most recent rulings, the German Federal Court of Justice (Bundesgerichtshof, hereinafter BGH) has re...
OGH: No Removal of Managing Director by Liquidator
Corporate Law Procedural LawThe Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has clarified that an insolvency administrator does not have the power to dismiss a managing director in the insolvency of a shareholder of a limited liability company (GmbH). The ori...
OLG Wien: Single Party in case of GmbH Manager Removal
Procedural LawThe Oberlandesgericht Wien (Higher Regional Court, Vienna, hereinafter OLG Wien) has ruled that, in the case of the dismissal of a shareholder-director of a limited liability company (GmbH), both the director in question and the other shareholders wi...
OGH: Shareholders Can Oppose Deletions from Commercial Register
Corporate LawThe Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has recently granted shareholders party status in proceedings concerning the official deletion of a public limited company (GmbH) from the commercial register. As a result, they now h...
OGH: Liability of GmbH Shareholders for Notary Fees
Corporate LawThe 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...
BGH on Pre-Contractual Disclosure for Former Shareholders
Corporate LawThe German Federal Supreme Court (Bundesgerichtshof, hereinafter BGH) had to decide in several proceedings on the liability of founding partners of a limited partnership (Kommanditgesellschaft). The court distinguished prospectus liability from liabi...
DE: Right of contestation of a GmbH shareholder
In its ruling, the German Federal Supreme Court (Bundesgerichtshof, BGH) confirmed the comprehensive legitimising effect of the list of shareholders of a limited liability company (Gesellschaft mit beschränkter Haftung, GmbH) and ruled that, in princ...
4th COVID-19 Act: Amendment of the COVID-19 Company Law Act
Corporate LawBy the 4th COVID-19 Act, amendments to the COVID-19 Company Law Act (gesellschaftrechtliches COVID-19-Gesetz) were adopted, inter alia. The Federal Act on Special Measures in Company Law arising from COVID-19 (Bundesgesetz betreffend besonderer Maßna...
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