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Extra resources for A New Interpretation of Information Rate

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Recent scholarly writing in English has, however, accentuated the idea of ‘creditor protection’ as a subject worthy of inquiry in its own right,36 although the term is still not used nearly as widely as in the German discourse. Nevertheless, the present study relies on this development to argue that creditor protection, which will be used from now on without giving the German word in brackets, can be seen as a sufficiently neutral term. The prominent role that the topic of creditor protection has traditionally occupied in German company law scholarship goes hand in hand with a curious disregard for insolvency law.

There are, however, two changes which must be characterised as a new departure in German company law. First, the MoMiG abolishes the legal requirement of a minimum share capital for incorporating a business with limited liability. Technically, this is achieved by virtue of a new variant of the Limited Liability Company (GmbH), regulated in a single paragraph (section) inserted into the existing statute, viz. § 5a GmbHG. In order to distinguish this lesser corporate form, it will not be called by the name ‘GmbH’ (though treated as a GmbH in all other respects), but by the evocative name ‘Unternehmergesellschaft (haftungsbeschra¨nkt)’, meaning ‘entrepreneurial company with limited liability’.

Dimitrios Ph. Christodoulou, The Single Ship Company: The Legal Consequences From Its Use and the Protection of its Creditors (Athens: Ant. N. Sakkoulas, 2000). For an exception see Paul Davies, Gower’s Principles of Modern Company Law in its 6th edition, Part Six of which was entitled ‘Shareholder and Creditor Protection’; but this has disappeared since the 7th edition. See, for instance, Gower & Davies’ Company Law (7th edn 2003), 372–374. With the arrival of the Companies Act 2006, this discussion has moved into a slightly different context, viz.

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