[eu]cite

Home› Commercial & Company Law› UmwG (EN)

Part 2 · Special provisions  ›  Division 2 · Change of the legal form by share capital companies › Section 256

Amounts of the members’ capital contributions; notification of members

(1) Each member is to be credited with the value of the business shares, or shares of stock, forming their ownership interest in the company changing its legal form as the amount of their capital contribution to the cooperative society.

(2) Where the amount of the capital contribution that a member obtains by the change of legal form exceeds the aggregate amount of business shares comprising their ownership interest in the cooperative society, the surplus is to be disbursed to the member after six months have lapsed since the day on which notice of the entry in the register of the cooperative society was given by publication. However, no such disbursement may be effected before the creditors who have filed their claims pursuant to section 204 read in conjunction with section 22 have been satisfied or have had security provided to them.

(3) The cooperative society is to inform each member of the following, in text form and without undue delay, after the entry in the register of the cooperative society has been published:

1.  the amount of their capital contribution;

2.  the amount and the number of business shares comprising their ownership interest in the cooperative society;

3.  the amount that the member is to pay in after the amount of their capital contribution has been credited, or the amount that is to be disbursed to the member pursuant to subsection (2);

4.  the liability amount of the cooperative society, should its members have to provide additional funding up to a liability amount.

←→ also move between sections