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27.9.2026
GmbH

[Decision] Implied reappointment of a shareholder as managing director of a GmbH whose term of office was limited

If a managing director appointed for a fixed term continues to perform their duties for the GmbH for years after the term has expired with the (at least implied) consent of the other shareholders, this constitutes an implied reappointment as managing director.  

Supreme Court (OGH) 30.06.2026, 6 Ob 112/25a