Das Beschlussmängelrecht der GmbH nach dem MoPeG

Through the MoPeG, the legislator introduced a law on defects in resolutions for commercial partnerships with effect from 01.01.2024, however, there is still an absence of such a law for the most common company form for corporations, namely the German limited liability company. The author therefore examines whether the heavily criticized analogue application of §§ 241 ff. AktG should be continued to be applied on defects in resolutions – in the potentially 1.5 million affected corporations – or whether the new provisions introduced by the MoPeG in §§ 110 ff. HGB are the more suitable basis for an analogy or even a differentiated analogy considering the special characteristics of the German limited liability company is appropriate.