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Part 3 · Legal relationships of the company and of the shareholders › Section 72

Invalidation of shares of stock by way of judicial public notice

(1) Where a share of stock or a temporary share certificate is lost or stolen or has been destroyed, the certificate may be declared invalid in a judicial public notice procedure pursuant to the Act on Proceedings in Family Matters and in Matters of Non-contentious Jurisdiction (Gesetz über das Verfahren in Familiensachen und in den Angelegenheiten der freiwilligen Gerichtsbarkeit – FamFG). Section 799 (2) and section 800 of the Civil Code (Bürgerliches Gesetzbuch – BGB) apply accordingly.

(2) Where profit participation certificates have been issued to the bearer, the invalidation of the share of stock or of the temporary share certificate will cause the claim also to expire that attaches to the profit participation certificates that have not yet fallen due.

(3) The invalidation of a share of stock pursuant to sections 73 or 226 does not conflict with the invalidation of the certificate pursuant to subsection (1).

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