The A **- Bau GmbH was deleted after rejection of an application for bankruptcy due to lack of assets at 12.12.1990 due from the time of his trade register under § 2 AmtsLG of its own. The
on 08/23/2010, presented the request seeks the E ** ** IW GmbH the initiation of the liquidation and Addendum the judicial appointment of a liquidator for the above-mentioned addendum GmbH, where she uttered by submitting abstracts of title, the registered company still sole owner of a property in I ** and two garage units of a residential property investment in I ** was. She herself was co-owner of residential property investment and to express serious interest in buying these two units garage sale. Also regarding the other property it had a potential buyer. To process the necessary transactions, therefore, the initiation of the subsequent liquidation is sought.
If subsequently distributed or usable Assets of a deleted GmbH shows, this is the continuation of the liquidation of the effect. Even with a deletion of ex officio lack of any assets it may be a subsequent liquidation (§ 40 para 4 FBG).
In this case, has called the court upon motion by the former liquidators again, or to appoint another liquidator.
In assessing whether there is an come forth later distributed or usable property, a commercial-economic approach is to make. The reported assets must at any rate for the settlement of claims or to be suitable distribution to the shareholders ( Haberer / Zehetner in Straube, GmbHG § 93 para 35).
to supplement both the existing liquidators liquidators may be appointed or others, such appointment is made exclusively by the court.
application are legitimized only "operators". The concept of stakeholders is broad, the liquidation procedures are in addition to the partners and the former statutory bodies and third parties claiming a legal interest in the use and satisfaction of the company's assets, for example. In contrast, the presence of a sufficient economic interest, not merely ( Haberer / Zehetner supra, § 93 paragraph 38 with further references). For
the specific case, this means that wealth is undoubtedly verteilfähiges certify the appropriate Land Registry as of speaks for itself.
It lacks, however, at the request of legitimacy of the E ** ** IW Ltd. It appears that is a potential Kaufinteressentin the property shares in appearance, which is just a purely economic interest in the exploitation of property assets of the society certifies deleted. This is enough for an affirmation of the legitimacy of the request is not so rejected without additional certification of any further legal interest of the offer would be. The applicant is under an improvement order, the possibility its grant to supplement their arguments in this direction.
Whether is required (for the case of the introduction of supplementary liquidation) the recent registration of the registered company in the commercial register will be answered differently in the literature and case law. I set up my practice based on whether the scope of amended registration requires a renewed liquidation in the Commercial Register. This will not normally be the case if it is only a single or a few resolution measures. Namely regularly in the practical handling of the submission of the judicial appointment decision be sufficient (including Haberer / Zehetner In these cases supra, § 93 para 42).
For the above-described constellation I would not hold the re-registration of registered company in the commercial register is necessary.
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