ABO Wind AG to Change Legal Form Following Higher Regional Court Frankfurt Decision

ABO Wind AG, a leading renewable energy firm, has announced a significant transformation in its legal status. The Higher Regional Court of Frankfurt has granted approval for the company to transition into a GmbH & Co. KGaA. This decision comes after the Annual General Meeting held on 27 October 2023, where shareholders had initially voted for the change under the guidance of Ahn & Bockholt Management GmbH.

Subsequently, some shareholders challenged the resolution, filing lawsuits for rescission and cancellation which temporarily halted the registration of the new legal form in the commercial register. In response to these legal hurdles, ABO Wind AG appealed to the Higher Regional Court using Section 246a AktG, seeking permission to proceed with the change despite the ongoing litigation.

The court's favorable decision now paves the way for ABO Wind AG to officially adopt the GmbH & Co. KGaA structure, marking a new chapter in its corporate evolution. However, the legal proceedings concerning the shareholders' action for annulment and cancellation remain unresolved at this stage.