Posts tagged #shareholders
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: BGH on GmbH Shareholders’ Statutory Voting Ban
Corporate LawShareholders of a German limited liability company (GmbH) who together hold all the shares in the company are prohibited from voting on a resolution to initiate legal proceedings against another company. No one may be a judge in his own case, accordi...
BFG on hidden profit distribution
Tax LawIn legal dispute 1, according to the prosecuting authority, a "loan was granted at the expense of the corporation without any customary content (no contract formulated in detail in writing, no agreement on interest, no collateral, handover in a car p...
OGH on registered shareholders within the meaning of Sec. 5 EKEG
Corporate LawAccording to the Equity Replacement Act (Eigenkapitalersatzgesetz, EKEG), loans granted by a shareholder to a company in crisis are considered equity replacement. If such a loan is repaid before the company is restructured, the payments must be repai...
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