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von Göler (Hrsg.) / / § 57

§ 57 Application to register increase

(1) The resolution to increase the share capital is to be registered for entry in the Commercial Register after the increased capital has been covered by means of the subscription to shares.

(2) The application to register the increase in the share capital must include an assurance that the capital contributions towards the new share capital have been effected in accordance with section 7 (2) sentence 1 and (3) and that the object of the obligations is finally at the free disposal of the directors. Section 8 (2) sentence 2 applies accordingly.

(3) The application must include the following:

  • 1.  the declarations referred to in section 55 (1) or a certified copy thereof;
  • 2.  a list of those persons who have subscribed to the new shares which has been signed by the persons filing the application; the list must indicate the nominal values of the shares to which each person has subscribed;
  • 3.  in the case of a capital increase with contributions in kind, the agreements on which the determinations referred to in section 56 are based or which were concluded to execute them.

(4) Sections 9a (1) and (3) and 9b apply accordingly to the responsibilities of those directors who have registered the capital increase for entry in the Commercial Register.

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