Publication details
Dodatečné poskytnutí vysvětlení
| Title in English | Additional Obligation to Provide Information |
|---|---|
| Authors | |
| Year of publication | 2022 |
| Type | Article in Periodical |
| Magazine / Source | Časopis pro právní vědu a praxi |
| MU Faculty or unit | |
| Citation | |
| Web | Open access časopisu |
| Doi | http://dx.doi.org/10.5817/CPVP2022-1-2 |
| Keywords | Shareholders’ Right to Information; General Meeting; the Expected Request for Information; the Board Members Duty to Prepare Thoroughly for the Shareholders’ Questions |
| Attached files | |
| Description | The additional obligation to provide information is kind of a novelty in Czech law, whose application raises a lot of questions. First of all, problems are concerned with the application prerequisites of this legal exception from the principle to provide an explanation during the General Meeting. Special attention must be paid especially to the question of the scope of the Board members duty to prepare thoroughly for the shareholders’ questions. Not less important is the issue of the means of protection of the right to information, especially the right to claim invalidity of a General Meeting resolution due to its conflict with the law. The shareholders’ protection must be assessed differently in the situation of the unfounded additional provision of information in contrast with another problem related to the failure of the Board to provide the previously promised answer. The goal of this paper is to illustrate possible interpretative solutions of the mentioned problems also with the use of the knowledge of the German legal system, which served as a main source of inspirations for the Czech regulation of the shareholders’ right to information. |
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