Partnership and syndicate agreements usually contain provisions that, in the event of a partner’s voluntary or involuntary departure, provide for the right of the remaining partners to take up the outgoing partner’s shares at a specific transfer price.
In a second decision on this issue, the Supreme Court recently set significant restrictions for the design of these so-called rights of access, in the form of value limits, which could result in the need for action in many existing companies.

Such options for taking up shares in the company can be agreed for a wide variety of cases, for example in the event of a self-determined departure from the company, in the event of the premature death of a partner, but also in the event of the opening of insolvency or execution of a partner’s assets.

 

You can find an initial – risk-conscious – assessment of the current situation including recommendations for action in the long text of our newsletter!

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