14:43 Jul 29, 2018 |
English to Polish translations [PRO] Bus/Financial - Finance (general) / Finanse | |||||||
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Summary of reference entries provided | |||
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hard letter of support |
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Discussion entries: 9 | |
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43 mins peer agreement (net): +1 |
Reference: hard letter of support Reference information: (hard letter of support). This applies in particular to the duty to absorb losses in accordance with § 302 of the German Stock Corporation Act - https://goo.gl/ANmS29 - page 24 -------------------------------------------------- Note added at 55 mins (2018-07-29 15:38:59 GMT) -------------------------------------------------- § 302 Assumption of Losses (1) In the case of a control agreement or profit transfer agreement, the other contracting party shall compensate any annual net loss occurring during the term of the agreement to the extent that such loss is not compensated by withdrawing amounts from the other profit reserves which were transferred to such reserves during the term of the agreement. (2) If a controlled company has leased or otherwise surrendered the operation of its business to its controlling enterprise, such controlling enterprise shall compensate any annual net loss occurring during the term of the agreement to the extent that the consideration agreed upon for such lease or surrender of operation does not constitute adequate compensation. (3) 1 The company may only waive or compromise any claim for compensation after the expiration of three years from the date on which the registration of the cancellation or termination of the agreement in the commercial register has been announced pursuant to § 10 of the Commercial Code. 2The foregoing shall not apply if the party obligated to compensate is insolvent and enters into settlement with his creditors to avoid insolvency proceedings. 3Such waiver or settlement shall only become effective if the outside shareholders consent thereto by separate resolution and no minority whose holding in aggregate equals or exceeds one-tenth of the share capital represented at the passing of the resolution has recorded an objection in minutes. (4) The statute of limitation for any claims pursuant to the foregoing provisions shall be ten years starting from the day on which notice of the registration of termination of the agreement with the commercial register has been announced pursuant to § 10 of the Commercial Code. http://www.nortonrosefulbright.com/files/german-stock-corpor... - German Stock Corporation Act (Aktiengesetz) English translation as at May 10, 2016 |
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