Verlustanzeige

A Verlustanzeige is the legally mandated notification by a GmbH or stock corporation (AG) when more than half of the share or nominal capital is depleted. According to § 49 GmbHG and § 92 AktG, the management or board must immediately convene a shareholders' meeting to discuss the financial situation, potential loss coverage, and restructuring measures. The Verlustanzeige is not published in the commercial register, thus remaining internal, but the capital loss can often be inferred from disclosed annual financial statements. Timely submission of a Verlustanzeige is crucial to minimize liability risks for managers and to recognize a potential obligation to file for insolvency in time. Failure to make this notification can result in personal liability, fines, and criminal consequences. For stakeholders, investors, and creditors, a proper Verlustanzeige signals transparency, corporate governance awareness, and adherence to the principle of capital maintenance.