Strategische Restrukturierung

Abstract

This dissertation examines whether, and on what legal basis, a StaRUG proceeding can be strategically utilized to exclude individual shareholders from a company in cases of shareholder disputes. To this end, the author identifies the point in time at which the so-called 'shift of fiduciary dutie' occurs and examines its doctrinal rationale. Based on an interpretation of the central statutory criterion of 'appropriateness' as well as the provisions governing a 'cross-class cram-down', the dissertation demonstrates which plan constellations are appropriate for resolving shareholder disputes through the exclusion of shareholders under a restructuring plan. The author is a lawyer practising in the field of restructuring and corporate law.