A board member asked me recently if the control rights granted to every shareholder, even if it has a part? One of the fundamental rights of each shareholder - Regardless of the number of shares - this is the possibility of controlling the activities of the company and to seek information about the state of affairs.
accordance with the provisions relating to the individual right to control a partner (or partner of a person authorized by it) may at any time:
• browse books and documents of the company,
• prepare a balance for his own use or
• request explanations from the board
(Art. 212 § 1 CCC).
shareholder You can restrict access to information about the company in two ways. They are:
1) exclude the individual's right of control,
2) refusal by the board of shareholder explanations and opening to the books and records of the company (then a partner may, after exhausting the "wewnątrzwspółkowej" assert their rights in court.)
Under Article. 213 § 3 CCC the right to control the individual can be excluded, but only if they met two conditions including:
1) exemption provision that provides individual control laws will be in the company and
2) the company was established by the board or the audit committee.
So there is nowhere limitation on the number of shares that the shareholder must have to be able to exercise their rights. So if the board does not want a partner to control, it must obtain an exemption to the law of association or to refuse shareholder conduct it.
more about issues related to the daily functioning of the board of a limited liability company, see the guide "Advisor to the President a limited liability company."
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