The admissibility of special pre-emptive rights in the event that a creditor compulsorily executes (seizes) a share of a shareholder or a shareholder becomes insolvent has long been disputed. The Austrian Supreme Court has ruled - such special pre-emptive rights are admissible. This is particularly important for start-ups or the investors in a start-up as such rights are market standard in the articles of association in order to prevent a third party of taking its foot into the company. The price may well be lower than the market value, but only if this price difference may be applied to all special pre-emptive cases. For more information check out our new blog post.
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