Scope of the registry court’s review in the event of a change in management
Decision of the Berlin Court of Appeal dated October 5, 2022 – 22 W 54/22
The appellant GmbH has been registered in the Commercial Register of the Charlottenburg Local Court since 2017. By means of a notarized application for entry in the Commercial Register dated July 5, 2022, the new managing directorapplied for registration of the dismissal of the former managing director and his appointment as the sole managing director with power of representation, exempt from the restrictions of § 181 BGB. Attached to this application as supporting documentation was a minutes of the corresponding resolution by circular letter of the shareholders dated July 1, 2022, which was signed by both the new and the former managing director.