Subscription form
A subscription slip is a document with which a buyer undertakes by signature to purchase a newly issued security. At least the issue price must be indicated on the subscription form . The subscription slip may also contain other conditions that the buyer must meet.
In the case of stock corporations , the subscription slip must meet the requirements of Section 185 AktG, which are:
- The subscription of the new shares takes place by means of a written declaration (subscription slip), from which the participation according to the number and, in the case of nominal value shares, the nominal amount and, if several classes are issued, the class of the shares. The subscription form should be issued twice. He has to contain
- the day on which the resolution to increase the share capital was passed;
- the issue price of the shares, the amount of the fixed payments and the scope of secondary obligations;
- the stipulations provided for a capital increase with contributions in kind and, if several classes are issued, the amount of the share capital for each class of shares;
- the point in time at which the subscription becomes non-binding if the implementation of the increase in share capital has not been registered by then.
- Subscription slips which do not contain this information in full or which contain restrictions on the subscriber's obligation apart from the reservation in Paragraph 1 No. 4 are void.
- If the implementation of the increase in the share capital is registered, the subscriber cannot plead the invalidity or non-binding nature of the subscription slip if he has exercised rights or fulfilled obligations as a shareholder on the basis of the subscription slip.
- Any restriction not contained in the subscription form has no effect on the company.