Notary Dr. Heinze has published an article on the subject of “Amendments to the Articles of Association under a time limit”. The article is printed in the “Neue Zeitschrift für Gesellschaftsrecht” (NZG), issue 22 on page 847, which essentially deals with the question of how to proceed if an amendment to the articles of association is to take effect on a specific date (e.g. on 1 January of a calendar year). Since 1 January is a public holiday, one cannot hope for the Registry Court to take action on precisely that date. Dr. Heinze advocates that in certain cases, registration should also be possible before that date, with the provision that the registration will only take effect on 1 January of the following year. There has not yet been any recent clarifying case law; it is to be hoped that the courts will soon comment on this question.
The notaries will be pleased to answer any questions you may have on this subject.
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