Der minderjährige Gesellschafter im Familienunternehmen

The author examines the legal consequences of minors as shareholders in family companies. She analyses the exercise of shareholder rights by minors against the background of minor protection provisions and aspects of company law. Her approach focuses on three main questions: Who exercises shareholder rights – the minor, their parents, an additional guardian (Ergänzungspfleger) or the family court? What is the decisive criterion for the exercise of shareholder rights – company or the minor’s interests? What are the consequences of improper exercise?

The main focus lies on the voting right, yet in addition, rights in connection with the shareholders’ assembly, control and property rights as well as possibilities of terminating the shareholder status are addressed. In general, the work’s main issue is the mutual influence between company law and minor protection.