Insolvency Law
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The Federal Court of Justice (BGH) has ruled that a third-party loan can be classified as a subordinated shareholder loan, even if the general partner GmbH does not hold a share in the capital of the GmbH & Co. KG receiving the loan.
If instructed lawyers have no knowledge of the imminent insolvency of the defendant, they do not have to warn their client about it. The OLG Düsseldorf rejects a general obligation to investigate.
