Columbia University in the City of New York

Special Director

Later landed the matter at the OLG Dusseldorf. Here, Sam Mikulak expresses very clear opinions on the subject. The OLG Dusseldorf law gave the Court and explained his decision as follows: 1 was the first error in establishing in the Agency derogations of the model protocol. The entry register wise no features starting in the simplified procedure compared to a registration in the “normal procedure”. The position has prevailed following a decision of the Oberlandesgericht Stuttgart in the higher court, the model protocol contained no arrangements for the representation, but only the Special Director ordered from the founding powers of representation. Only a register login will live up to this view in the case-law, which foresees in a general part, society have one or several business leaders, only a Managing Director was appointed, these represent the company alone, several business leaders are appointed, so these were collectively, and specifically who the first business leader tells the company been ordered and that it be exempted from the restrictions of 181 BGB. By in the deed of Foundation, thus it is that the company had only a General Manager, this soft forbidden by this specification. 2. as second founding errors, the OLG Dusseldorf berating the other deviations from the sample report in relation to the company to be established.

As a guiding principle in this decision, the OLG Dusseldorf now stipulated that if the model protocol violates article 2 par. 1 3 GmbHG learn a set of amendments and additions, the result a “normal” GmbH creation leads to this, for which the relief in the sense of 2 para 1 does not apply a GmbHG. Changes and additions to the model protocol, which are offered by the certification law, be allowed while basically. Also, completely insignificant variations in punctuation, Word order and word choice, which have no effect on the content, represented no unauthorized changes and additions to the model protocol.

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