OGH insists on strict observance of form when taking up LLC shares

Articles of association, which are in the proper form and provide the co-shareholders with a right of pre-emption in the event of a planned sale of shares, cannot simply replace the required notarial deed for the transfer offer.

Recently, the Supreme Court of Justice (OGH 25.11.2020., 6 Ob 198/20s) had to judge whether a notarial deed is required if the articles of association contain a clause which provides the co-shareholders with a right of pre-emption in the event of a planned sale of shares.

Our Partner Daniela Huemer together with Associate Theresa Haglmüller informed about the Supreme Court of Justice’s ruling in the daily newspaper Die Presse. The article can be accessed here.

 

18. January 2021

 

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