Abstract

The article is aimed to show that owing to strong personal elements in limited liability companies, in interpreting the provisions regulating additional contributions to a company’s equity one should be guided by the in dubio pro libertate rule. This leads to a conclusion that in limited liability companies it is allowed to make additional contributions otherwise than in proportion to one’s interest in equity. It is also possible to reserve interest on additional contributions providing the way it is recognised does not infringe the rules concerning return of additional contributions. On the other hand, creation of additional contributions which in fact are loans repayable within a specified period or unreturnable additional contributions more closely linked with the company than contributions to its share capital would exceed the limits of contractual freedom to which the shareholders are entitled. The solutions of this type would be contradictory to the nature of additional contributions as a form of funding the operations of a company positioned somewhere in between debt financing and equity financing.