von Göler (Hrsg.) / / § 57n

§ 57n Profit share of new shares

(1) Unless otherwise provided, the new shares shall participate in the profit accruing across the entire financial year in which the resolution to increase the share capital was passed.

(2) The resolution to increase the share capital may stipulate that the new shares already participate in the profit accruing across the last complete financial year before the capital increase resolution was passed. In such cases, the increase in the share capital shall be decided, in derogation of section 57c (2), before a decision is taken regarding the appropriation of earnings for the last complete financial year before the resolution was passed. The resolution to appropriate earnings for the last complete financial year before the capital increase resolution was passed does not become effective until the share capital has been increased. The resolution to increase the share capital and the resolution to appropriate earnings for the last complete financial year before the capital increase resolution was passed shall be null and void if the capital increase resolution is not entered in the Commercial Register within three months after it is passed; this period shall be suspended whilst an action for avoidance or annulment is pending.

Information for non-professionals

To Information for legal professionals

Relevance for legal relations

Bookmark bei: Linkarena Bookmark bei: Del.icio.us Bookmark bei: Facebook Bookmark bei: Google  

Information for legal professionals

At this moment, a legal commentary is not yet available for this clause. We hope to help you by providing a translation of the wording of the law. Please contact us, if you would like to recommend a highly qualified author.

Footnotes