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Part 2 · Dissolution by the court › Section 396

Pre-requisites

(1) Where a stock corporation or public partly limited partnership jeopardises public welfare by the unlawful conduct of the parties responsible for managing its affairs, and where the supervisory board and the general meeting do not take measures to remove from office such parties conducting the company’s affairs, the company may be dissolved by a court judgment upon a corresponding petition having been filed by the responsible supreme Land authority of the Land in which the company has its seat. Solely that regional court will have jurisdiction for the complaint in the judicial district of which the company has its seat.

(2) Following its dissolution, the company will be wound up pursuant to sections 264 to 273. The authority specified in subsection (1) sentence 1 may also file the petition for removal from office or appointment of the liquidators for grave cause.

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