Dr. Elisabeth Achatz-Kandut, lawyer in cooperation
Study of law at the University of Graz (Mag. iur. 1988)
Diploma thesis “Gesellschaftsrechtliche Probleme der Publikumsanlagengesellschaft” supervisor Prof. Dr. Gunter Nitsche.
Assistant at Institute for Commercial and Securities Law of University of Graz.
Graduation in 1990
Doctoral thesis “Gläubigerschutz und Konzerninsolvenz” supervisor Prof. DDr. Waldemar Jud.
From 1990 to 1993 legal assistant to management board of Steiermärkische Landesholding GmbH.
Attorney at law since 2000.
University lecturer at Johannes Kepler University, Linz, since 2002.
The employer has no right to invoke the invalidity of a works meeting resolution and refuse to withhold a works council contribution
The employer is neither entitled nor obliged to conduct investigations into the internal decision-making process of the works meeting.
MoreBeware of internal group financing in times of crisis!
A recent decision by the Austrian Supreme Court (OGH) brings a further tightening of liability for loans granted by group companies in crisis. OGH extends refund claim for downstream loans against the controlling parent company of the group. The Supreme Court affirms the right to compensation for disadvantages within the Group in the case of vertical lending (downstream) beyond the wording of the Austrian Equity Capital Act (EKEG) and beyond the principles of the prohibition of return of deposits.
MoreAsset management is not a company!
OGH changes jurisdiction concerning divorce law. There is no longer protection against post-marital division for the business matter of real estate assets if they are mere asset management. If you want to avoid these consequences, a marriage contract is necessary.
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