ILEC

Kapitalgesellschaft

- legal person, distinct from its officers and shareholders

- no personal liability

- articles of incorporation

- bylaws

Gründungsurkunde

states the objects of the company and the details of the capital

Statuten

contains provisions for internal management of the company

is appointed to carry out and control the day-to-day affairs of the company

Duties:

- duty of care (Sorgfaltspflicht)

- fiduciary duty (Treuepflicht)

is delegated supervisory control of the affairs of the company

a company's state of health is reflected in its accounts

chief administrative officer: accounting and finance duties, personnel administration, security with documentation etc.

appointed by a court, the company or its creditors to wind up the company's affairs

Konkursverwalter

officer of the court who commonly acts as a liquidator of a company being wound up by the court

Bevollmächtigter

person appointed by a shareholder to attend and vote at a meeting in her/his place when the shareholder is unable to attend

member of the company by virtue of an acquisition of shares in a company

aufgrund, kraft, laut

by virtue of an acquisition of shares

Aktiengesellschaft

GmbH

no personal liability of the members for obligations of the business;

Kollektivgesellschaft

unlimited personal liability of the general partnersfor the obligations of the business

Kommanditgesellschaft

unlimited oersonal liability of the general partners of the business; limited partners generally have no personal liability

in legal texts, shall usually expresses the meaning of "must";

or "will" (in the sense of a promise)

generally expresses permission, in the sense of "can"

C corporation refers to any corporation that, under United States income tax law, is taxed separately from its owners. It is distinguished from an S corporation, which is not taxed separately. Most major companies (and many smaller companies) are treated as C corporations for U.S. income tax purposes.

A sole proprietorship, also known as the sole trader or simply a proprietorship, is a type of business entity that is owned and run by one individual and in which there is no legal distinction between the owner and the business. The owner receives all profits (subject to taxation specific to the business) and has unlimited responsibility for all losses and debts. Every asset of the business is owned by the proprietor and all debts of the business are the proprietor's. This means that the owner has no less liability than if they were acting as an individual instead of as a business. It is a "sole" proprietorship in contrast with partnerships.

In the commercial and legal parlance of most countries, a general partnership or simply a partnership, refers to an association of persons or an unincorporated company with the following major features:

Created by agreement, proof of existence and estoppel.

Formed by two or more persons

The owners are all personally liable for any legal actions and debts the company may face

It is a partnership in which partners share equally in both responsibility and liability.[1]

Unternehmensführung

Corporate governance is the set of processes, customs, policies, laws, and institutions affecting the way a corporation (or company) is directed, administered or controlled.[1][2] An important theme of corporate governance is the nature and extent of accountability of particular individuals in the organization, and mechanisms that try to reduce or eliminate the principal-agent problem

mit der Begründung, dass

nach jmds Ermessen

Spielraum

the statutes give wide leeway

behaupten

to say that something is true or that someone has done something wrong, although it has not been proved.

darauffolgend

happening after a particular action or event, especially as a result of it.

I have had an opportunity to research the law on this point and I can provide you with the following advice...

Our opinions and advice set forth below are based upon your account on the circumstances giving rise to tihis dispute, a summary of which is as follows.

Based on information provided to us, we understand that...

to summarise the facts of the case...

The legal issue seems to be...

The issue in this case is wheter the...

The section which is relevant for present purposesprovides that...

The section makes express reference to...

As the law stands present, ....

The bylwas state that...

The law in this jurisdiction requires...

The statutes give wide leeway...

The court has held that...

We have found cases or interpretation of this law which argue that...

We therefore believe that...

It is possible that the court will take this into consideration and hold that.

the court might than hold that...

Courts are usually reluctant to...(zurückhaltend)

The facts in this case simply do nocht justify...

I therefore conclude that...