What are the information rights of GmbH shareholders?

Germany is known for setting GmbH companies, which is a form of company formation particularly found in the country. At the time of setting up a GmbH in Germany, the shareholders are given the right of inspection and information at the time of establishment. The right as well as duties of the shareholder in a GmbH company may vary in origin as well as nature. The rights and duties are even transferred to the next shareholder based on inheritance, assignment or otherwise. However, later the Managing Director has the power to deny the same under certain conditions.

Under their administrative rights, the shareholders have a right to call a meeting, conduct a meeting, attend the same, vote in the meeting, and provide information related to various corporate activities.

Role of The Managing Director of GmbH:

The Managing Director of the GmbH Company has an obligation towards the shareholders for providing the information and allowing them for inspection upon a request put forth by them. The said right may be revoked only in the case it is felt that the information so requested may be used for non company purposes.

Role of Shareholder’s resolution:

In case the shareholder’s resolution decides for the inspection of the corporate books on a quarterly basis on a regular basis; then this may be considered to be invalid. This is because after forming a GmbH in Germany, it is permitted for regulate the process related to request for information. However, there is no entitlement given to the shareholders for information which is restricted.

Specific documents required:

The right of the shareholders is indeed far reaching. The shareholders are always required to be obligated for the specific requests made by them. For instance, the right to information of the shareholders is always related to production of specific documents and they need to specifically mention the information being sought. Also a legal advice is required in case the information is sought or refused to a specific group of shareholders or Managing Directors.