Stock Corporation Act (Germany)
|Title:||Stock Corporation Act|
|Scope:||Federal Republic of Germany|
|Legal matter:||Commercial law|
|Original version from:||January 30, 1937
( RGBl. I p. 107)
|Entry into force on:||October 1, 1937|
|Last revision from:||September 6, 1965
( BGBl. I p. 1089 )
|Entry into force of the
new version on:
|January 1, 1966|
|Last change by:||
Art. 1 G of December 12, 2019
( Federal Law Gazette I p. 2637 )
|Effective date of the
|January 1, 2020
(Art. 16 G of December 12, 2019)
|Please note the note on the applicable legal version.|
The German Stock Corporation Act (AktG) regulates the establishment, constitution, accounting, general meetings and liquidation of stock corporations and limited partnerships based on stocks . In addition, German group law is regulated in the German Stock Corporation Act.
The Stock Corporation Act regulates the rights and obligations of on share -based corporations . In addition to the Stock Corporation Act, the provisions of the Commercial Code and the Civil Code are applicable.
With the Stock Corporation Act sparked federal legislature the applicable until 31 December 1965 "Law on public limited companies and partnerships limited by shares (Stock Corporation Act)" from January 30, 1937 from ( RGBl. I, p 107) to share law was simultaneously the " Introductory Act to the Law on Stock corporations and limited partnerships based on shares ”(RGBl. I p. 166).
The current version of the Stock Corporation Act is accompanied by the Introductory Act to the Stock Corporation Act - EGAktG of September 6, 1965 ( Federal Law Gazette I p. 1185).
Content of the Stock Corporation Act
- General regulations (§§ 1–22)
- Establishing the company (§§ 23-53)
- Legal relationships between the company and the shareholders (Sections 53a-75)
- Constitution of the stock corporation (§§ 76-149)
- Accounting and appropriation of profits (§§ 150–176) - (§§ 177, 178 have been deleted)
- Amendment of the articles of association, measures to raise capital and capital reduction (§§ 179–240)
- Invalidity of general meeting resolutions and the adopted annual financial statements. Special examination due to impermissible overvaluation (§§ 241–261)
- Dissolution and declaration of invalidity of the company (§§ 262-277)
- Limited partnership based on shares (§§ 278–290)
- Company contracts (§§ 291-307)
- Performance power and responsibility in the event of dependency on companies (§§ 308-318)
- Integrated companies (§§ 319-327)
- Exclusion of minority shareholders (Sections 327a-327f)
- Mutually involved companies (Section 328)
- Accounting in the group (now repealed: §§ 329–393)
- Special regulations for the participation of regional authorities (§§ 394, 395)
- Judicial dissolution (§§ 396-398)
- Penalty and fine regulations. Final provisions (§§ 399-410)
- Thomas Heidel: Company law and capital market law. Comment . 3. Edition. Nomos, Baden-Baden 2011, ISBN 978-3-8329-5606-6 .
- Uwe Hüffer: Stock Corporation Act. 10th edition. CH Beck, Munich 2012, ISBN 978-3-406-63345-4 .
- Tobias Bürgers, Torsten Körber (Ed.): Stock Corporation Act . 2nd Edition. CF Müller, Heidelberg 2011, ISBN 978-3-8114-3532-2 .
- Thomas Wachter (Ed.): AktG - Commentary on the Stock Corporation Act . RWS Verlag, Cologne 2012, ISBN 978-3-8145-8162-0 .