6. February 2013

Germany: News on the Shareholder List

On February 6, 2013, the Higher Regional Court of Munich (Case No. 31 Wx 8/13) decided, contrary to the Higher Regional Court of Düsseldorf (Case No. I-3 Wx 236/10), that

On February 6, 2013, the Higher Regional Court of Munich (Case No. 31 Wx 8/13) decided, contrary to the Higher Regional Court of Düsseldorf (Case No. I-3 Wx 236/10), that in the case of foreign notarizations, the shareholder list must be signed by the management and not by the foreign notary. The Federal Court of Justice overturned this decision in its current ruling of December 17, 2013 (II ZB 6/13) and clarified that foreign notaries can also submit shareholder lists and that the effectiveness of foreign notarizations under the MoMiG has not changed (see link).

 


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