Tag Archive for: GmbH & Co. KG

Claim for reinstatement: BGH (German Federal Court of Justice) on the scope of the company’s duty of loyalty following the termination of a shareholder’s contract

It is standard for shareholders to terminate the employment of another shareholder. There are many reasons for this: the breach of social fiduciary duties is often a reason for such a termination.

GmbH & Co. KG (limited commercial partnership): Federal court of justice (BGH) completes its case law on management liability

BGH judgment from 14.04.2023 Ref. II ZR 162/21: According to the partnership agreement of a German limited commercial partnership (GmbH & Co. KG), a limited partner in the legal form of a GmbH was solely authorized to manage the company.

Prohibition of voting in shareholders’ meetings

BGH (German Federal Court of Justice) strengthens the principles on the prohibition of voting in own matters – the prospects of success of legal action in liability matters are irrelevant