Johannes Reich-Rohrwig

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Johannes Reich-Rohrwig (born November 4, 1954 in Linz ) is an Austrian lawyer specializing in corporate and corporate law and a university professor at the University of Vienna . He has numerous functions on supervisory and foundation boards.

Life

Reich-Rohrwig studied law at the University of Vienna and received his doctorate in 1977. iur. He was admitted to the bar in 1983. In 2004 he received his habilitation at the law faculty of the University of Vienna as a university lecturer, and in 2008 he was awarded the title of " University Professor ". In 2014, on his 60th birthday, was the presentation of the Festschrift , edited by Bernhard Hainz and Heinz Krejci .

Johannes Reich-Rohrwig is one of the two namesake of the law firm CMS Reich-Rohrwig Hainz, which is represented in Austria and CEE. Reich-Rohrwig specializes in commercial and corporate law and advises on inheritance and succession issues. In addition to his work as a lawyer, he regularly acts as an arbitrator or chairman of arbitration tribunals .

As a member of a preparatory commission in the Ministry of Justice , Johannes Reich-Rohrwig also helped shape several amendments to company law and influenced the legal development of GmbH law: For example, the expansion of the dismissal action against external managing directors of a GmbH (Section 16 (2)), which Regulations on resignation (Section 16a), the managing directors' obligation to provide information (Section 24a), the expansion of the dismissal of members of the Supervisory Board for good cause (Section 30b (5)) and the simplified capital reduction (Sections 54ff GmbH Act) can be traced back to his suggestions. Furthermore, he participated in the reform of the restructuring law (merger, split, conversion) through the EU GesRÄG 1996 in the working committee of the BMJ and published a book on this. In 2015, Reich-Rohrwig provided advice on the legal introduction of the Business Judgment Rule in Section 84 AktG and Section 25 GmbHG.

In 1987 he helped found the Austrian legal journal " Wirtschaftsrechtliche Blätter ", in 1990 he was one of the founders of the journal for commercial law "ecolex" and has been head of the corporate law department there ever since.

In 2008 and 2015 Reich-Rohrwig extensively commented on the liability (responsibility) of the GmbH managing director in the Vienna Commentary on the GmbH Act. In 2018, Reich-Rohrwig wrote the commentary on Sections 70 to 85 of the Stock Corporation Act on the legal status, tasks and liability of the board of directors of stock corporations in the commentary on the Austrian Stock Corporation Act published by Artmann / Karollus.

As part of his teaching activities at the Institute for Corporate and Business Law at the University of Vienna, he gives lectures on the following topics: focus on corporate law, M&A contract drafting, practical contract drafting in corporate and corporate law, law and economics in China.

As a specialist (book) author, Johannes Reich-Rohrwig has written more than 200 publications. Both his first book "Das Österreichische GmbH Recht" from 1983 as well as his habilitation thesis on "Fundamental questions of capital preservation at AG, GmbH and GmbH & Co. KG" from 2004 are considered to be trend-setting. In numerous cases, the Austrian Supreme Court relied on the legal views represented by Reich-Rohrwig.

Publications (selection)

  • The Austrian GmbH law, 1st edition, MANZ 1983; 2nd edition, Volume 1, MANZ 1997
  • Inheritance law 2017: Inheriting correctly, avoiding mistakes, 1st edition, Linde 2016
  • EU Company Law Amendment Act, MANZ 1996
  • Company and share transfer from a civil and company law perspective in corporate succession, ed. from Bank Austria, 1999, 10 ff
  • Restructuring through simplified capital reduction and increase, GesRZ 2001, 69 ff
  • Fundamental questions of capital maintenance at AG, GmbH and GmbH & Co KG, MANZ, 2004
  • Societas Europea - SE, MANZ 2006
  • Capital increase at the listed AG in Austria, Festschrift for Günther H. Roth (2011) 635 ff
  • Manual for the General Assembly of the GmbH, published jointly with Dr. Ginthör and Dr. Gratzl, MANZ 2014
  • Interpretation and scope of balance sheet guarantees, in Althuber / Schopper (ed.), Handbuch Unternehmenskauf, 2nd edition (2015), 391ff

Web links

Individual evidence

  1. ^ Vienna Bar Association. Retrieved August 2, 2016 .
  2. Festschrift Johannes Reich-Rohrwig - MANZ Verlag. Retrieved August 9, 2016 .
  3. ^ Arbitrator of the Permanent Court of Arbitration of the Vienna Chamber of Commerce. (No longer available online.) Archived from the original on August 8, 2016 ; accessed on August 2, 2016 . Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. @1@ 2Template: Webachiv / IABot / www.wko.at
  4. Government draft of the EU Company Law Amendment Act 1996. p. 53 , accessed on August 2, 2016 .
  5. Der Springer-Verlag: Catalog of His Journals 1843-1992. Retrieved August 2, 2016 .
  6. ecolex: trade journal for business law. Retrieved August 2, 2016 .
  7. ^ Institute for Corporate and Commercial Law, University of Vienna. Retrieved August 2, 2016 .
  8. Supreme Court decision 7Ob539 / 90. Legal Assessment Section. Retrieved August 4, 2016 .
  9. Supreme Court decision 6Ob235 / 07p. Legal Assessment Section. Retrieved August 2, 2016 .
  10. Supreme Court decision 2Ob225 / 07p. Legal Assessment Section. Retrieved August 4, 2016 .
  11. Supreme Court decision 6Ob171 / 15p. Legal Assessment Section. Retrieved August 4, 2016 .
  12. Supreme Court decision 6Ob160 / 15w. Legal Assessment Section. Retrieved August 4, 2016 .
  13. Supreme Court decision 6Ob91 / 08p. Legal Assessment Section. Retrieved August 1, 2019 .
  14. Supreme Court decision 5Ob93 / 09a. Legal Assessment Section. Retrieved August 1, 2019 .
  15. Supreme Court decision 7Ob77 / 10i. Legal Assessment Section. Retrieved August 1, 2019 .
  16. Supreme Court decision 6Ob204 / 11k. Legal Assessment Section. Retrieved August 1, 2019 .
  17. Supreme Court decision 6Ob202 / 10i. Legal Assessment Section. Retrieved August 1, 2019 .
  18. Supreme Court decision 6Ob110 / 12p. Legal Assessment Section. Retrieved August 1, 2019 .
  19. Supreme Court decision 6Ob100 / 12t. Legal Assessment Section. Retrieved August 1, 2019 .
  20. Supreme Court decision 6Ob194 / 17y. Legal Assessment Section. Retrieved August 1, 2019 .
  21. Supreme Court decision 6Ob104 / 17p. Legal Assessment Section. Retrieved August 1, 2019 .
  22. Supreme Court decision 6Ob43 / 19w. Legal Assessment Section. Retrieved August 1, 2019 .
  23. Supreme Court decision 6Ob183 / 18g. Legal Assessment Section. Retrieved August 1, 2019 .