Review article
https://doi.org/10.30925/zpfsr.41.1.12
SHAREHOLDERS' RIGHT TO INFORMATION IN JOINT STOCK AND LIMITED LIABILITY COMPANIES - LIMITS OF APPLYING CONVERGENT SOLUTIONS AND OPEN ISSUES IN PRACTICE
Edita Čulinović Herc
orcid.org/0000-0002-6177-8057
; University of Rijeka, Faculty of Law, Rijeka, Croatia
Dionis Jurić
orcid.org/0000-0001-7725-7531
; University of Rijeka, Faculty of Law, Rijeka, Croatia
Sara Madžarov Matijević
orcid.org/0000-0001-9353-4244
; University of Rijeka, Faculty of Law, Rijeka, Croatia
Abstract
The paper analyzes similarities and differences regarding the shareholder's information right in joint stock company and limited liability company. After explaining the importance of this (individual) membership's right and its function, the similarities and differences are systematized, focusing on reasons for (legitimately) withholding it. The paper also questions, whether in ex post judicial review of the legitimacy of the denied right, legal solutions applicable to a joint stock company could be analogously applied for a limited liability company. In order to ascertain real boundaries of the information right in practice and to define its open issues, the relevant Croatian case law was analyzed, as well as respective case law of the countries sharing similar legal solutions. A review of examined court practices shows the limits of applying analogous solutions and detects open issues in practice.
Keywords
right to information; information on company matters; insight into company books and business documentation; joint stock company; limited liability company
Hrčak ID:
238318
URI
Publication date:
15.5.2020.
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