Where contracts have been concluded, prior to the company being entered in the Commercial Register, pursuant to which a contribution in kind is to be made to the authorised capital, the by-laws must include the specifications that are prescribed for an issuance in return for contributions in kind. In this context, section 27 (3) and (5), sections 32 to 35, 37 (4) nos. 2, 4 and 5, section 37a and section 38 (2) and (3) as well as section 49 regarding the formation of the company apply accordingly. The management board takes the stead of the founders and the application for registration of the implementation of the capital stock increase and its entry in the register takes the stead of the application for registration of the company and its entry in the register.
Subdivision 4
Capital increase using company funds