Module 122 min2793 wordsFree — no account
Founding an eG: member promotion, statutes, shares and liability
The module’s worked examples, then cases to attempt before revealing their solution · 1 section · 203 words · 2 min
Practical case
How much does a member with three shares risk?
The statutes of an energy cooperative set the business share at 500 euros and impose on every member a compulsory holding of three shares. One tenth must be paid on each share immediately, the rest within two years. The liability sum is 500 euros; the statutes do not exclude its increase for several shares. Ms Adler joins and at first pays only the minimum. How much must she pay immediately, and up to what amount must she make additional contributions in insolvency?
Hint: Work out the immediate payment per share and check whether the bar in § 15b(2) applies here. Then compare the liability sum with the total amount of the shares.
Show the solution
One tenth of 500 euros is 50 euros per share, so 150 euros for three shares. The rule that a further share is admitted only after the earlier ones are fully paid does not apply, under § 15b(2), to a compulsory holding. For additional contributions § 121 applies: the liability sum of 500 euros is lower than three shares of 500 euros each, so it rises to their total of 1,500 euros.
Answer: 150 euros immediately; additional contributions up to 1,500 euros at most
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