Thesaurierung in der GmbH

This study examines the scope of asset lock mechanisms in the German limited liability company. Analyzing the options for excluding individual shareholder rights under the articles of association, it demonstrates that the limit of asset retention lies in the complete exclusion of the compensation claim and that cumulative exclusion of all financial rights renders value distribution as a corporate purpose element impossible. To compensate, Corporate Purpose is integrated into the corporate purpose as a normative element, drawing in particular on a comparison with the self-serving foundation. On this basis, a new category justifying the exclusion of the compensation claim is developed.