4.3.5.6 Personal urgent need of money

It is highly controversial whether the personal urgent need of money of a shareholder, which need cannot be satisfied in any other way than by selling the shares to the company, forms an important ground to exit the company.1It is perhaps conceivable that this ground could be applied in circumstances in which the purchase does not endanger the share capital of the company and it is the only means that will save the shareholder from insolvency. In this respect, the German oppression remedy significantly differs from its English counter-part. According to English law, the fact that a shareholder urgently requires money will not be conduct in the company's affürs, so cannot lead to application of the unfür prejudice remedy.2