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Part 5 · Cross-shareholding enterprises › Section 328

Limitation of rights

(1) Where a stock corporation or public partly limited partnership and some other enterprise are cross-shareholding enterprises, then as soon as one enterprise becomes aware of the existence of the cross-shareholding, or the other enterprise has notified it in accordance with section 20 (3) or section 21 (1), the rights attaching to the shares of stock that the one enterprise owns in the other enterprise may be exercised at a maximum only for one quarter of all shares of stock in the other enterprise. This does not apply to the right to new shares of stock in the event of a capital increase using company funds. Section 16 (4) is to be applied.

(2) The limitation set out in subsection (1) does not apply if that enterprise for its part had notified the other enterprise in accordance with section 20 (3) or section 21 (1), prior to receiving such notification from the other enterprise and prior to its becoming aware of the existence of the cross-shareholding.

(3) At the general meeting of a listed company, an enterprise that is aware of the cross-shareholding pursuant to subsection (1) may not exercise its voting right for the election of members of the supervisory board.

(4) Where a stock corporation or public partly limited partnership and some other enterprise are cross-shareholding enterprises, the enterprises are to notify each other without undue delay in text form of the amount of their respective shareholding and of any changes thereto.

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