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Merger: BHG Beteiligungsmanagement und Holding GmbH Hrb 12 Jul 2018 German Trade Register Announcements, Germany
Overview
Text
HRB 5946: INCOM Private Equity GmbH,
Unnamed street ??, 94036 Passau, Germany
. On July 5, 2018, the company submitted a draft merger plan for its merger with BHG Beteiligungsmanagement and Holding GmbH with its registered office in Linz/ Austria (Company Register of the Regional Court Linz FN 91035 a). The rights of the creditors of the transferring German INCOM Private Equity GmbH derive from § 122j UmwG. Pursuant to Section 122j (1) p. 1 of the UmwG, the creditors of the transferring company must be provided with security insofar as they cannot demand satisfaction. However, this right is only available to the creditors of the transferring company pursuant to Section 122j (1) s. 2 of the UmwG if they (i) declare their claim in writing within two months of the date on which the draft merger or its draft was made known by the court responsible for the transferring company in accordance with Section 122d s. 2 umwG, and (ii) make it credible that the merger will jeopardise their claims. According to § 122j Abs. 2 UmwG, the creditors of the transferring company shall have such a right to collateral only in respect of such claims arising before or up to 15 days after the publication of the draft terms or draft pursuant to Section 122d p. 2 of the UmwG by the court responsible for the transferring company. The claim must be asserted directly against the INCOM Private Equity GmbH at its business address (Dr.-
Unnamed street ??, 94036 Passau, Germany
). The rights of the creditors of the acquiring Austrian BHG Investment Management and Holding GmbH are derived from Section 226 of the Austrian Stock Corporation Act. The creditors of the acquiring company shall be provided with security if they make a statement for that purpose within six months of the publication of the registration of the merger, unless they can demand satisfaction; however, creditors are only entitled to this right if they demonstrate that the merger jeopardises the performance of their claim. Creditors must be reminded of this right in the publication of the registration. The right to claim security is not available to creditors who, in the lnsolven proceedings, have the right to preferably satisfaction from a cover established in accordance with the statutory provisions for their protection and supervised by the authorities. The creditors of the acquiring company may assert their rights against BHG Beteiligungsmanagement and Holding GmbH under their business address (
Unnamed street ??, 4020 Linz, Germany
, Austria). In addition, full information on the arrangements for the exercise of creditors' rights may be obtained free of charge at the business address of the INCOM Private Equity GmbH (Dr.-
Unnamed street ??, 94036 Passau, Germany
).
This filing was translated from German to English. The filing refers to a past date, and does not necessarily reflect the current state. The latest known state is available on the following page: INCOM Private Equity GmbH, Passau, Germany.
