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http://hdl.handle.net/10419/27871
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| Title: | | Aktionärsschutz in der AG falsch verstanden? Die Leica-Entscheidung des LG Frankfurt am Main  |
| Authors: | | Scholl, Wolfgang Schanz, Kay-Michael |
| Issue Date: | | 2008 |
| Series/Report no.: | | Working paper series // Frankfurt School of Finance & Management 104 |
| 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´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. |
| Subjects: | | Annual general meeting invitation power of attorney authorization written form Leica Hypovereinsbank Wella |
| JEL: | | K12 K19 K22 K29 |
| Persistent Identifier of the first edition: | | urn:nbn:de:101:1-2009011553 |
| Document Type: | | Working Paper |
| Appears in Collections: | | Frankfurt School - Working Paper Series, Frankfurt School of Finance and Management
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