von Göler (Hrsg.) / / § 55

§ 55 Increase in share capital

(1) Where a resolution is passed to increase the share capital, a declaration by the person subscribing to the share which has been recorded and authenticated by a notary shall be required for each share in the increased capital subscribed to.

(2) Previous shareholders or other persons who have declared that they are joining the company by making the subscription may be permitted by the company to subscribe to a share. In the latter case, the document referred to in subsection (1) shall indicate the nominal value of the share as well as other obligations which the person joining the company is to be under in accordance with the articles of association.

(3) Where a shareholder who is already a member of the company subscribes to a share in the increased capital, he shall acquire an additional share.

(4) The provisions set out in section 5 (2) and (3) concerning the nominal values of the shares and the provisions set out in section 19 (6) on the statute of limitations regarding the company’s claim for payment of the capital contribution shall also apply in respect of shares in the increased capital subscribed to.

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