New case law on the prohibited repayment of equity in the case of a covert limited liability company and on auditor liability.
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.
To what extent does the supervisory board of a group parent company also have to exercise its supervisory duties in the group with regard to the activities of a group subsidiary?