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Results: 1-10 of 37

Court finds no need for 'adequate issue price' in capital increase case

  • Schoenherr
  • -
  • Austria
  • -
  • May 13 2013

The Supreme Court recently considered how a minority shareholder should react if the majority shareholder overrules it on a capital increase resolution that subsequently leads to the dilution of its holding

New law will make establishing limited liability companies easier and cheaper

  • Schoenherr
  • -
  • Austria
  • -
  • May 7 2013

A draft of the new act amending the company laws was recently revealed

Crisis management: shareholders' duty to contribute to financial recovery

  • Schoenherr
  • -
  • Austria, Germany
  • -
  • April 15 2013

When a capital company is in financial crisis, its shareholders often do not agree on the measures, if any, that should be taken to remedy the

New law makes establishing a GmbH easier and cheaper

  • Schoenherr
  • -
  • Austria
  • -
  • March 29 2013

On Friday, 22 March 2013, a draft new law (Gesellschaftsrechts-Änderungsgesetz 2013 - GesRÄG 2013) was revealed by Minister of Justice

Appointment of responsible representatives: handle with care!

  • Schoenherr
  • -
  • Austria
  • -
  • January 28 2013

The shift of liability from the officers and directors entitled to represent a company to so-called 'responsible representatives' aims to protect

Appointment of responsible representatives (verantwortliche Beauftragte) handle with care!

  • Schoenherr
  • -
  • Austria
  • -
  • November 27 2012

The shift of liability from the officers and directors entitled to represent the company to so-called "Responsible Representatives" pursuant to Sec 9 Para2 Administrative Penal Act (Verwaltungsstrafgesetz VStG) aims at disburdening and protecting the company’s senior executives from being held liable for breaches of public law provisions in their company

Co-shareholder's interests must be upheld when calling general meetings

  • Schoenherr
  • -
  • Austria
  • -
  • November 26 2012

Shareholders of Austrian limited liability companies are subject to general fiduciary duties with respect to the company and their co-shareholders

Conflict of interest may justify immediate recall as board member

  • Schoenherr
  • -
  • Austria
  • -
  • September 24 2012

Members of the management board of an Austrian stock corporation are appointed for a definite period and may be recalled before the expiration of their tenure only for cause

The legal effects of the approval of management and supervisory board members’ actions

  • Schoenherr
  • -
  • Austria
  • -
  • September 17 2012

Is the approval of board member actions an effective relief from liability or a mere formality?

Treasury shares Austrian takeover law aspects

  • Schoenherr
  • -
  • Austria
  • -
  • September 10 2012

Post financial crisis, many listed companies used their excess liquidity to invest in treasury shares

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