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Eigenkapitalersatz und Insolvenz

German, Christa Kraemer, 2007
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Product details

In German corporate law, there is fundamentally freedom of financing. Shareholders can decide whether to provide additional equity or debt capital alongside the statutory minimum equity of the company. There is still no obligation for shareholders to equip a company with equity in a risk-appropriate manner. The law on equity substitution establishes a responsibility for the financing consequences of shareholders, who provide shareholder contributions as debt capital to the company at a time when the shareholders, as ordinary merchants, would have contributed equity (during the company's crisis). The shareholder financing granted or left in place during the crisis is treated as an equity-substituting contribution if certain further conditions are met. The issue of equity-substituting shareholder contributions primarily arises in the event of the company's insolvency. The study aims to highlight the key issues of capital substitution law in the context of insolvency proceedings and to delineate the relevant scope of application through a presentation of classical and modern case groups.

Key specifications

topic
Lexicons
Language
German
Author
Christa Kraemer
Year
2007
Number of pages
358
Book cover
Paperback

General information

Item number
8239137
Publisher
Peter Lang
Category
Reference books
Release date
3.4.2018

Book properties

topic
Lexicons
Language
German
Author
Christa Kraemer
Year
2007
Number of pages
358
Book cover
Paperback

Voluntary climate contribution

CO₂ emissions
0,35 kg
Climate contribution
EUR 0,12

Legal Notice

Product Safety

14-day cancellation right
30-day right of return if unopened
24 Months statutory warranty
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