Review the documents, chronology and requested legal consequence together.
Review the documents, chronology and requested legal consequence together.
Forfeiture of a GmbH Share: Unpaid Contribution and Procedure
A shareholder’s failure to pay an invoked contribution does not automatically forfeit the share.
Your shareholder dispute team
BRANDAUER Rechtsanwälte
Dispute team for shareholders and managing directors
A shareholder dispute calls for corporate law, litigation strategy and commercial understanding from one team. Mag. Bernhard Brandauer is responsible for the legal advice; depending on the conflict, further specialised lawyers of the firm support safeguards, evidence, negotiations and court enforcement.
Contact the teamA shareholder’s failure to pay an invoked contribution does not automatically forfeit the share. Forfeiture has its own statutory requirements and must be distinguished from an ordinary payment demand.
The invocation, due date, service, additional period, declaration of forfeiture and continuing liability must be documented in sequence.
Forfeiture of a GmbH Share: Unpaid Contribution and Procedure
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Are the basis, evidence and next step organised?
All paths at a glance
Overview of all answers.
First organise missing documents, authority and the concrete risk.
First organise missing documents, authority and the concrete risk.
Separate the contribution duty from forfeiture
A defect in the resolution, demand or service can undermine the asserted consequence without extinguishing the unpaid contribution. Related analysis.
Preserve service evidence and chronology
Secure the articles, contribution resolution, demand, proof of service and additional period. Sections 66 to 68 of the GmbH Act govern the central steps; individual deadlines must be checked in context. BRANDaktuelle legal news.
The concrete file and next step
Organise authority, evidence and the requested legal consequence before acting.
Frequently asked questions
Which documents matter?
Secure the agreement, resolutions, register documents, payment or communication records and chronology.
Does one document settle the issue?
No. Content, authority, form, evidence and consequence must be assessed together.
What should be secured first?
Record the current position and identify the immediately requested measure.
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Safeguard, challenge and enforce shareholder disputes. Portal for active GmbH conflicts covering first safeguards, resolution challenge, exclusion and preliminary injunction.
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