Tag: capital-maintenance

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.

New case law on the prohibited repayment of equity in the case of a covert limited liability company and on auditor liability

New case law on the prohibited repayment of equity in the case of a covert limited liability company and on auditor liability.

New Handbook on Capital Maintenance and Covert Distribution of Profits

On Monday 17 February 2020, CERHA HEMPEL and Verlag Österreich invited guests to the launch of "Verdeckte Gewinnausschüttung" (Covert Distribution of Profits), a new handbook edited by Heinrich Foglar-Deinhardstein.