Gesellschafterfremdfinanzierte Auslandsgesellschaften

As a result of the European Court's rulings on Centros, Überseering and Inspire Art, it became possible for companies with German headquarters to operate in the legal form of another EU member state. »Limited liability at a bargain price!« was the promise seemingly made if, for example, the British »Ltd« form was adopted. However, the legislator reacted by trying to regulate the financing of foreign companies by shareholder loans. Benjamin Schilpp examines whether German law on the matter can be applied to foreign companies when it comes to the conflict of laws.