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The admissibility of special pre-emptive rights in the event that a creditor compulsorily executes (seizes) a share of a shareholder or a shareholder becomes insolvent has long been...
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The admissibility of special pre-emptive rights in the event
that a creditor compulsorily executes (seizes) a share of a
shareholder or a shareholder becomes insolvent has long been
disputed. The Austrian Supreme Court has ruled - such special
pre-emptive rights are admissible. This is particularly important
for start-ups or the investors in a start-up as such rights are
market standard in the articles of association in order to prevent
a third party of taking its foot into the company. The price may
well be lower than the market value, but only if this price
difference may be applied to all special pre-emptive cases. For
more information check out our new blog post.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
Special Pre-Emptive Rights In Insolvency Are Admissible
AustriaInsolvency/Bankruptcy/Re-Structuring
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We are a full-service law firm with a footprint in Central and Eastern Europe providing local and international companies stellar advice. As the go-to legal advisor for complex commercial matters in the region, Schoenherr aims to use its proximity to industry leaders, in developing practical solutions for future challenges. We keep a close eye on trends and developments, which enables us to provide high quality legal advice that is straight to the point.
