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Posts tagged with Limited liability company

Prohibition of competition and prohibition of appropriation of corporate opportunities do not (always) protect a GmbH against its sole shareholder-director.

In principle, it is permissible for the sole shareholder-director of a GmbH to compete with his/her GmbH. Certain limits are set by the prohibition of return of contributions.

Strict duty of loyalty for shareholders of limited liability companies and syndicate partners

In its ruling in case 6 Ob 155/20t – CERHA HEMPEL represented a party to the proceedings – the Supreme Court made a number of important statements on the duty of loyalty that exists between the shareholders of a limited liability company who are bound by a syndicate agreement.