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von Göler (Hrsg.) / / § 58e

§ 58e Capital reduction resolution

(1) The annual financial statements for the last complete financial year before the capital reduction resolution was passed may indicate the share capital as well as capital reserves and retained earnings in the amount in which they are to exist after the capital reduction. This does not apply if the annual financial statements are approved in a manner other than by a resolution of the shareholders.

(2) The resolution to approve the annual financial statements is, as a rule, to be passed at the same time as the capital reduction resolution.

(3) The resolutions are null and void if the capital reduction resolution has not been entered in the Commercial Register within three months after being passed. This period is suspended whilst an action for avoidance or annulment is pending.

(4) The annual financial statements may not be disclosed in accordance with section 325 of the Commercial Code until the capital reduction resolution has been entered in the Commercial Register.

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