2. Prerequisites for Drawing Up the Division
The Register of Enterprises may draw up a division of the register of shareholders only if two prerequisites are met:
- shares were acquired in one of the following cases:
- acquired by inheritance;
- acquired pursuant to a final court judgment;
- transferred by a sworn bailiff in the performance of official duties;
- transferred by an insolvency administrator in the performance of official duties;
- acquired through enforcement of a commercial pledge;
- there is no executive board or it has failed to act, for example, after receiving a notification regarding the making of an entry in the register of shareholders, the executive board has neither made the entry nor raised reasoned objections to the making of the entry.
If the shares have been acquired in any other manner (for example, on the basis of a purchase agreement, deed of gift, etc.), the Register of Enterprises is not entitled to draw up a division of the register of shareholders.