Articles of association often contain provisions that are intended to ensure that the partners can remain “among themselves” even if a partner leaves and do not have to deal with a “foreign” successor.
That is why so-called access rights are agreed. These are also permissible in the event of the shareholder’s insolvency – which was previously controversial – but only within a narrow framework, as the Supreme Court recently decided!

Partnership agreements often include a clause that, in certain cases of voluntary (sale) or involuntary (bankruptcy, death) departure of a partner, the other partners have a right of recourse. The reason is often that the shareholders keep to themselves and do not want a new shareholder to be forced upon them. They want to have a say in who will become the new business partner in the company.

 

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