Abstract

The right of control vested in limited liability company’s shareholders (Art. 212 § 1 of the Commercial Companies Code) is exercised in the form of a request addressed to the management board. The board may refuse to accept the request only in the situation described in Art. 212 § 2 of the Commercial Companies Code. The article indicates the rights of shareholders if the board refuses to provide them with requested information. Also a case when the control rights of shareholders have been excluded in the company deed is discussed. The shareholders who are not members of the management board or a supervisory body have then no access to company information. It should be considered de lege ferenda advisable to introduce a normative regulation in limited liability companies providing for a collective right of the minority to elect members of a supervisory body by separate group voting.