Separate exclusion basis from valuation
Secure the articles, resolution, exclusion notice and contractual valuation rules. Compensation needs a clear basis; its amount is not automatically determined by the exclusion resolution.
Compensation after exclusion from a GmbH: valuation and payment
After exclusion from a GmbH, the compensation basis, valuation date, information and payment must be reviewed separately.
Your shareholder dispute team
BRANDAUER Rechtsanwälte
Dispute team for shareholders and managing directors
A shareholder dispute calls for corporate law, litigation strategy and commercial understanding from one team. Mag. Bernhard Brandauer is responsible for the legal advice; depending on the conflict, further specialised lawyers of the firm support safeguards, evidence, negotiations and court enforcement.
Contact the teamAfter a shareholder is excluded, the dispute often shifts to compensation. The value should not be inferred prematurely from one annual account or a general figure.
The exclusion basis, articles, valuation method, valuation date, information available and payment terms are decisive.
Compensation after exclusion from a GmbH: valuation and payment
Already know you want to get in touch? Go straight to the enquiry form.
Which compensation issue is open?
All paths at a glance
Overview of all answers.
Define information and payment precisely
Identify the missing documents, requested calculation and outstanding payment. A payment dispute may have a different legal consequence from a dispute about the exclusion itself.
Do not merge exclusion and compensation
The article on shareholder exclusion does not automatically determine the compensation amount. Read the exclusion clause, resolution and valuation rule together.
Also review whether the affected shareholder was subject to a voting ban and how the result was determined.
Secure the valuation date and documents
A valuation date may follow from the articles, agreement or specific legal consequence. It must not be replaced by an unverified practice assumption. Secure annual accounts, interim figures, contracts, liabilities and relevant business opportunities.
Shareholder status may matter when identifying who can demand information or payment.
Treat calculation and payment as separate claims
Organise the valuation basis, information, calculation, maturity and payment as separate points. A claim for documents is not identical to a quantified payment claim.
The article on compensation after termination concerns a different exit route. This article focuses on exclusion.
Corporate-law updates
Receive new articles and legal updates through BRANDaktuelle Rechtsnews.
Frequently asked questions
Is compensation quantified automatically by the exclusion?
No. The basis, valuation rule, valuation date and calculation must be reviewed.
Can the valuation date be chosen freely?
That depends on the articles, agreement and specific legal consequence.
Which documents should be collected first?
The articles, resolution, exclusion notice, annual accounts, interim figures, valuation documents and payment records.
Book an initial consultation (€180)
Safeguard, challenge and enforce shareholder disputes. Portal for active GmbH conflicts covering first safeguards, resolution challenge, exclusion and preliminary injunction.
Contact