The nature of the registration procedure and the scope of jurisdiction of a court of registration over resolutions of comapany general meetings

Abstract

In the case-law and legal literature there is considerable controversy regarding the scope of the jurisdiction of a court of registration on the examination of the legality of resolutions of company general meetings. It is at issue whether the range of jurisdiction should be defined narrowly or broadly. A wide range of control means that the court of registration may examine the content of the application for registration in accordance with the provisions of the law and the articles of association and remove inadmissible data from its own motion, that is to say, which are not only incompatible with the actual state of affairs but also those which have been entered on the basis of defective acts. The disputed question of the scope of the jurisdiction of the court of the registration was examined in relation to the public-law nature of registration proceedings.