Treuhand und Unterbeteiligung an Gesellschaftsanteilen

Trusts and subordinate participations are traditionally viewed as two distinct forms of participation in company shares. They are treated differently under the law. Whether this perspective can be maintained in light of the similarities between the two legal institutions is the subject of the investigation. The legal treatment of trusts and subordinate participations is discussed in relation to specific areas of corporate and tax law. The primary focus is on whether the regulations applicable to direct shareholders should also apply to trustees and subordinate participants as merely indirect participants, and to what extent differences arise in this context within corporate and tax law.