SPC Typical Case: An Investment Company v. A Group Company
Where the evidence proves that a shareholder fully paid its capital increase and no evidence shows withdrawal of that contribution, unusual account movements alone do not justify adding the shareholder as a judgment debtor for company liabilities. Capital adequacy and shareholder limited liability must both be protected.
Holding
Where the evidence proves that a shareholder fully paid its capital increase and no evidence shows withdrawal of that contribution, unusual account movements alone do not justify adding the shareholder as a judgment debtor for company liabilities. Capital adequacy and shareholder limited liability must both be protected.
Issues
shareholder limited liabilitypaid-in capital increasewithdrawal of contributionaddition as judgment debtor