@techreport{Scholl2008Aktion,
abstract = {This article analyses the recent Leica judgement of the Higher Regional Court Frankfurt/Main and its consequences. In this judgement, the court has established an infringement of special formal requirements with respect to Leica\textasciiacute{}s invitation to the Annual General Meeting which, if correct, would bear dire consequences for a variety of listed companies, even in DAX. On the other hand, there is a recent decision of the Higher Regional Court Munich in a similar case concerning Hypovereinsbank, coming to the opposite conclusion. Besides the fact that, in the opinion of the authors, the Leica decision not only is legally unfounded and based on a completely unbalanced evaluation of formalistic requirements, it again proves the formalistic approach of German stock corporation law and leaves companies, especially with a respective regulation in their articles of association, their advisors and investors in a situation of uncertainty that has to be clarified urgently by the legislator.},
address = {Frankfurt a. M.},
author = {Wolfgang Scholl and Kay-Michael Schanz},
copyright = {http://www.econstor.eu/dspace/Nutzungsbedingungen},
keywords = {K12; K19; K22; K29; 330; Annual general meeting; invitation; power of attorney; authorization; written form; Leica; Hypovereinsbank; Wella},
language = {ger},
note = {urn:nbn:de:101:1-2009011553},
number = {104},
publisher = {Frankfurt School of Finance & Management},
title = {Aktion\"{a}rsschutz in der AG falsch verstanden? Die Leica-Entscheidung des LG Frankfurt am Main},
type = {Working paper series // Frankfurt School of Finance & Management},
url = {http://hdl.handle.net/10419/27871},
year = {2008}
}
