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Binding Capital to Free Purpose: Steward Ownership in Germany

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Published/Copyright: February 24, 2023

Abstract

622This paper discusses steward ownership, a concept of business ownership aiming at long-term and purpose-oriented entrepreneurship developed in Germany. Steward ownership can be seen in the context of the current worldwide discussion of corporate purpose and legal innovations like the US-American benefit corporation and the French société a mission has developed a unique approach. The concept is currently put into practice using German company law and the law of foundations. However, in the coalition agreement of the current German government, a new legal form is envisaged to facilitate the founding of steward-owned businesses. The paper presents the concepts and discusses a draft law developed as food for thought for the legislature.


Note

The author is a member of the “Kuratorium”, board, of the Stiftung Verantwortungseigentum e.V. and is a member of the academic working group which has prepared the draft discussed under part V pro bono. Many thanks to Anna Grandori, J. S. Liptrap and Christoph Teichmann for their valuable comments and suggestions on an earlier draft. All mistakes remain my own, of course.623


Published Online: 2023-02-24
Published in Print: 2023-02-08

© 2022 Walter de Gruyter GmbH, Berlin/Boston

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