Pursuant to Federal Supreme Court jurisdiction, dividends cannot be automatically reclaimed by the investment company. We represent investors in defending dividend reclaims within the scope of disputes not only with the investment company, but also with an insolvency administrator. In addition, we advise our clients within the scope of restructuring the investment company (so-called “Restructuring or retiring”).
Establishment, reorganisation, liquidation and settlement of companies and industrial enterprises contain a variety of legal risks. Here we advise and support in structuring contracts, for example, in creating and amending articles of association, management board and management contracts.
In addition we advise and represent the shareholders in so-called shareholder disputes. In proceedings against the company (shareholders of an AG, GmbH, GbR and OHG, as well as general partners and limited partners), as well as in the scope of the shareholders meeting. The examination of legality of shareholder resolutions forms a further pillar of our legal services.
Wirecard: Rückforderung der Dividenden? | P&R: Erste Abschlagzahlung läuft | UDI Festzins: Insolvenzen in Eigenverwaltung | Aktuelle Urteilsbesprechung von Katja Fohrer in BKR Heft 6/2021, zum BGH-Urteil BGH XI ZB 35/18 - Vorrang spezialgesetzlicher Prospekthaftung