The Court of Appeal (8 U 34/09) has dealt with the question whether an English Ltd.. following its removal from the register in English society Germany yet a party to continue. This question is of practical significance, since many of the investors fail to meet its disclosure obligations under English law because they are only active in Germany and do not adhere to strict deadlines, the extent of British trade register at Companies House. In particular, many shareholders and directors of uncertainty as they have to create the English accounts, so this will not be filed or clearly too late.
The KG came to the following conclusion: "A company incorporated under English law is limited to the quantity required by English law and carried out quenching resolution Chain at home no longer passive party to when at home has no assets. "
the Court explained that had the termination of a company because of the cancellation in the Register of Companies under English law means that existing assets of the company by way of legal occupation under sec 654 CA 1985 to the English crown to go. which is, however, affected by the principle of territoriality only property situated in England assets of the company, not assets abroad. Insist therefore continue overseas assets situated, remain despite the Cancellation and dissolution of the Ltd. the rest of society as a society in Germany . There In that regard, they will lodge a party to the meaning of § 50 ZPO. in this particular case the court but denied the existence of assets in Germany.
practical consequence is therefore that the deletion in England does not cause the Ltd.. now in Germany no longer a party to, if it still has assets situated in Germany. This may also often be the case in practice, as some members fail to meet their disclosure obligations while, but still in Germany Ltd's business operations. still continue.
The KG came to the following conclusion: "A company incorporated under English law is limited to the quantity required by English law and carried out quenching resolution Chain at home no longer passive party to when at home has no assets. "
the Court explained that had the termination of a company because of the cancellation in the Register of Companies under English law means that existing assets of the company by way of legal occupation under sec 654 CA 1985 to the English crown to go. which is, however, affected by the principle of territoriality only property situated in England assets of the company, not assets abroad. Insist therefore continue overseas assets situated, remain despite the Cancellation and dissolution of the Ltd. the rest of society as a society in Germany . There In that regard, they will lodge a party to the meaning of § 50 ZPO. in this particular case the court but denied the existence of assets in Germany.
practical consequence is therefore that the deletion in England does not cause the Ltd.. now in Germany no longer a party to, if it still has assets situated in Germany. This may also often be the case in practice, as some members fail to meet their disclosure obligations while, but still in Germany Ltd's business operations. still continue.
is a summary of the Court itself in the GmbHR 2010, R69-R70.
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