TTK Article 473-475: Capital reduction of a joint stock company is subject to strict rules.
Process
- Board decision
- General assembly approval (3/4 majority)
- Creditor call (1 month period)
- Creditor requests welcome
- Registration
Reasons
- Due to loss (decrease in equity capital)
- Return of excess capital
- Merger/division
Creditor Protection
- Creditors request within 3 months
- Bank letter of guarantee or payment
- Otherwise capital reduction decision invalid
Supreme Court 11. HD
11. HD accepts that capital reduction cannot be made in a way that does not "protect creditor rights".
Commercial lawyer is recommended.