Business share
In corporate law of the German GmbH and the registered cooperative, the legal term business share denotes the membership right of a partner in the share capital of the GmbH or in the business assets of the cooperative .
General
The term is often used synonymously for the term company share. The business share is a share certificate that certifies a co-ownership share in fractions according to § 1008 BGB in the company assets of the two legal forms .
Legal issues
The details of the law of the business shares are regulated in the GmbH Act and the Cooperative Act. Business shares must regularly be denominated in full 1 euro amounts ( Section 5 (2) sentence 1 GmbHG). In the case of a GmbH, the transfer of a business share requires notarial certification ( Section 15 (3) GmbHG), in the case of a cooperative the approval of the board of directors . The GmbH articles of association can stipulate that a business share can only be assigned with the consent of the company or the shareholders' meeting (so-called restricted transferability ; Section 15 (5) GmbHG). GmbH shares are usually freely inheritable . However, the partnership agreement of the GmbH can provide that the share of the business is withdrawn in the event of death (or if it falls to heirs who are not approved as successors) (so-called caduction ). Since November 1, 2008, shares can be acquired in good faith under certain conditions in accordance with Section 16 (3) GmbHG.
Web links
- Corporate law - GmbH share on rechtswoerterbuch.de
- Business share definition onwirtschaftslexikon.gabler.de
Individual evidence
- ^ Sebastian Omlor : Traffic protection in corporation law. 2010, ISBN 978-3-428-13192-1 .
