Die Auslandsbeurkundung

The problem of notarizing transactions under limited liability company law before foreign notaries is a classic case of a conflict of laws that has still not been conclusively resolved. The author examines it from a German, Austrian, French, Luxembourgish, and Spanish perspective using the example of company formation and the assignment of shares. She discusses similarities and differences against the background of proposed European solutions and concludes that the solution outlined for Germany is a particular approach, which is not suitable for a harmonized European solution. Instead, she proposes a conflict-of-law rule to determine the form statute, which could be included in a future Rome V Regulation on international company law.