Statutory strictness
The strictness of the statutes is the principle standardized in German stock corporation law by Section 23 (5 ) AktG, only permitting a provision in the statutes of a stock corporation that deviates from the law if a corresponding exception is expressly formulated in the law for the specific individual case. The strictness of the statutes is an expression of the principle prevailing in the German Stock Corporation Act that statutory provisions are essential. In contrast, the GmbH Act, as well as the law of commercial partnerships, is based on the dispositivity of its regulations. In Austria, on the other hand, since a decision by the Supreme Court in 2013 , the principle of strict statutes is no longer valid as in Germany.
Examples
- Section 179 (2 ) sentence 2 AktG allows a majority requirement that deviates from the three-quarters majority required in sentence 1 of this provision in the event that a resolution is passed on an amendment to the articles of association.
