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von Göler (Hrsg.) / / § 9c

§ 9c Refusal to register company

(1) If the company has not been properly formed and registered, the court is to refuse to make the entry in the Commercial Register. This also applies where contributions in kind have been over-valued to a not insignificant degree.

(2) The court may refuse to make the entry in accordance with subsection (1) only on account of a defective or void provision or in the absence of a provision in the articles of association insofar as that provision, its absence or its nullity

  • 1.  concerns facts or legal relations which must be specified in the articles of association in accordance with section 3 (1) or on account of other mandatory statutory provisions, or which must be entered in the Commercial Register or must be publicly noticed by the court,
  • 2.  violate provisions which exclusively or predominantly exist to protect the company’s creditors or which are otherwise in the public interest, or
  • 3.  result in the articles of association becoming null and void.

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