von Göler (Hrsg.) / / § 60

§ 60 Grounds for winding up company

(1) The limited liability company shall be wound up

  • 1.  upon expiry of the period specified in the articles of association;
  • 2.  by resolution of the shareholders; unless otherwise provided in the articles of association, such a resolution shall require a majority of three quarters of the votes cast;
  • 3.  by court judgment or by a decision of the administrative court or the administrative authority in the cases referred to in sections 61 and 62;
  • 4.  upon the opening of insolvency proceedings; if the proceedings are terminated upon the application of the debtor or the proceedings are set aside after confirmation of the insolvency plan which provides for the continuance of the company, the shareholders may pass a resolution to continue the company;
  • 5.  upon the decision to refuse to open insolvency proceedings for insufficiency of assets becoming final;
  • 6.  upon an order issued by the court of registration establishing that the articles of association are defective in accordance with section 399 of the Act on Proceedings in Family Matters and in Matters of Non-Contentious Jurisdiction becoming final;
  • 7.  upon the company being deleted from the Commercial Register due to lack of funds in accordance with section 394 of the Act on Proceedings in Family Matters and in Matters of Non-Contentious Jurisdiction.

(2) The articles of association may stipulate other grounds for winding up the company.

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