Review the legal basis, evidence and relief together.
Review the legal basis, evidence and relief together.
GmbH liquidator dispute: court appointment and removal
After dissolution, the GmbH needs an orderly liquidation. Separate the articles, shareholder resolution and court grounds when the liquidator is disputed.
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 teamSection 89 GmbHG generally requires liquidation after dissolution. The managing directors become liquidators unless the articles or a shareholder resolution provide otherwise.
Identify the appointment, registered authority, specific breach and the court or corporate measure that fits the dispute.
GmbH liquidator dispute: court appointment and removal
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Are the legal basis and the precise next step documented?
All paths at a glance
Overview of all answers.
Organise missing records and authority first.
Organise missing records and authority first.
Appointment and representation
Section 89 GmbHG generally requires liquidation after dissolution. The managing directors become liquidators unless the articles or a shareholder resolution provide otherwise. Review the articles, resolution, evidence and intended relief in one coherent file. Related guidance.
Court appointment for important reasons
Identify the appointment, registered authority, specific breach and the court or corporate measure that fits the dispute. Secure the relevant records and prepare a chronology. Related guidance.
Removal and orderly handover
Separate authority, timing, evidence and the next step. New legal updates are available through BRANDaktuelle Rechtsnews. Related guidance.
Frequently asked questions
Which records matter for the first review?
The articles, resolutions, register records, payment or communication evidence and a clear chronology.
Is one resolution or contract enough?
No. Content, authority, formalities, evidence and relief must be reviewed together.
What should be secured first?
Secure the triggering records, record the current position and identify the requested measure.
Book an initial consultation (€72)
Safeguard, challenge and enforce shareholder disputes. Portal for active GmbH conflicts covering first safeguards, resolution challenge, exclusion and preliminary injunction.
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