This work addresses the question of the relationship between insider trading prohibitions and capital increases. It examines the interface between corporate law and capital market law, particularly the question of whether corporate law must accept capital market restrictions. The study demonstrates whether a shareholder, who for example is a permanent insider as a board member, is prohibited from participating in a capital increase despite having subscription rights. Additionally, it explains why the face-to-face exception should be entirely rejected and therefore cannot be applied. Ultimately, it confirms a prohibition on participation due to insider trading and presents potential solutions within corporate law and capital market law.