• General 08.12.2017

    No mandatory loss at leaving the company of the GmbH shareholder has by law against the company a right to information about the Affairs of the company and to inspect the books and business records. This information requirement is to set the partner not only in State to exercise its membership rights in the general meeting properly and responsibly, but also its own interests. Especially, this claim can be enforced even in the enforcement proceedings. In the event of a dispute, the creditor performing the enforcement proceedings was the partner of the debtor, a limited liability company. At the request of the creditor, the Court noted that the GmbH is obliged to grant the creditor certain, designated closer business documents. As the GmbH not complied with this obligation, the creditor against the GmbH ran the enforcement procedure. The GmbH argued that the creditor was excluded from society as a result of decisions been, so no information claims therefore stand to her. The enforcement is carried out but legally, as the higher regional court of Munich (AZ.

    31 WX 082/07) has decided. According to American Diabetes Association, who has experience with these questions. The objection of the GmbH, the creditor lost in the meantime society create, so that you no longer stand the other believed information claim, is irrelevant in the process of foreclosure. Just the way of the lawsuit against the enforcement is open in such a case the GmbH. For such a counterclaim of enforcement the OLG Munich however has made it clear that the recovery of a portion of the business does not necessarily lead to the immediate loss of information claim of the shareholder. The GmbH Chief may refuse the fulfilment of the GmbH shareholder information claim only if is a reasonable danger that the partner uses the information for non-company purposes and inflicted a significant disadvantage as a result of the company or an associated company. About any such refusal have not however Managing Director, but the shareholders to decide. The burden for the facts justifying the denial and the existence of the relevant decision of the shareholder is the company in the enforcement procedure.

    Posted by millionaire @ 9:02 pm for General |

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