Alle Beiträge zum Stichwort: GmbH & Co. KG
CORPORATE
Claim for reinstatement: BGH on the scope of the company‘s duty of loyalty following the termination of a shareholder’s contract
It is standard for shareholders to terminate the employment of another shareholder. There are many reasons for this: the breach of social fiduciary duties is often a reason for such a termination. But is it conceivable that the terminated shareholder has a claim to reinstatement in the company precisely because of the social duty of loyalty? That is possible. The possible claim for reinstatement alone can have legal consequences (BGH, judgment of 12.07.2022, ref.: II ZR 81/21).
CORPORATE
Prohibition of voting in shareholders’ meetings
When passing a resolution on initiating a legal dispute against a third-party company or on the out-of-court assertion of claims against the third-party company, those GmbH shareholders who hold all shares in the third-party company are subject to a voting ban.
CORPORATE