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Re Expatriation of a German Company
Bavarian Court of Appeal
[1993] 2 CMLR 801 (1992)
- Written by Steven Pacht, JD
Facts
The sole member of a private, limited-liability company (firm) that had its seat in Munich, Germany, resolved to amend the firm’s articles to move its seat to London, England. However, the registrar rejected the firm’s request on the ground that, under the seat theory, changing the firm’s seat to a foreign country would remove the firm’s legal capacity under German law, which in turn would require the firm to be wound up. The firm unsuccessfully objected to this decision, first to the registrar and then to a sole judge of the Commercial Chamber. The firm appealed.
Rule of Law
Issue
Holding and Reasoning ()
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