Alle Beiträge zum Stichwort: GmbH (company with limited liability)
CORPORATE
Managing director in a start-up? You should be aware of this!
The GmbH is the most frequently chosen legal form for start-ups in Germany. It is quick and easy to set up, well-established with investors and offers a wide range of legal structuring options. However, the appointment as managing director not only brings prestige but also considerable legal and economic responsibilities.
CORPORATE
Dismissal of the GmbH managing director
When it comes to dismissing managing directors of a limited liability company (GmbH), it is important to be aware of the legal process and possible consequences. Wenn es um die Abberufung von Geschäftsführern einer GmbH geht, ist es wichtig, sich über den rechtlichen Prozess und mögliche Konsequenzen im Klaren zu sein.
CORPORATE
Voting prohibitions in corporation and partnership law
CORPORATE
BGH (German Federal Court of Justice) confirms minority protection in a de facto group
Voting prohibition of the controlling shareholder when initiating directors’ and officers’ liability claims in the controlled company; minority shareholders are not at the mercy of the majority company without protection.
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
What is the correct interest rate for loans from a corporation to its shareholders?
BFH (German Federal Fiscal Court) confirms its case law on the topic of “hidden profit distribution” for loans to controlling shareholders (BFH, the judgment of 22/02/2023 – I R 27/20 -)
CORPORATE
GmbH & Co. KG (limited commercial partnership): Federal court of justice (BGH) completes its case law on management liability
CORPORATE
Private address of the managing director in the commercial register?
CORPORATE
Virtual shareholders’ meeting of the GmbH
Statutory regulation makes many things easier, but articles of associations are still important
CORPORATE
BGH Judgement: Self-appointment of managing directors in the group and the prohibition of self-dealing
BGH Judgement: Self-appointment of managing directors in the group and the prohibition of self-dealing In group structures, it is not uncommon for members of the management board of a stock corporation to become involved in the management of subsidiaries. However, when stock corporation board members appoint themselves as managing directors of a wholly-owned GmbH (German Limited Liability Company) subsidiary (the Company), the law may reach its limits. Whether and under what conditions a “self-appointment” is possible and whether the interposition of an authorized representative changes anything – the Federal Court of Justice (BGH) ruled on this at the beginning of 2023 (BGH, judgment of 17.01.23, ref.: II ZB 6/22).