SHAREHOLDERS' RIGHT TO INFORMATION IN JOINT STOCK AND LIMITED LIABILITY COMPANIES
LIMITS OF APPLYING CONVERGENT SOLUTIONS AND OPEN ISSUES IN PRACTICE
DOI:
https://doi.org/10.30925/zpfsr.41.1.12Keywords:
right to information; information on company matters; insight into company books and business documentation; joint stock company; limited liability companyAbstract
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.
Additional Files
Published
Issue
Section
License
Collected Papers is an open access journal. Journal does not charge article processing charges (APC) to authors. It is licensed under CC BY-NC licence 4.0.
Collected Papers of the Law Faculty of the University of Rijeka" is an Open Access journal. Users are allowed to read, download, copy, redistribute, print, search and link to material, and alter, transform, or build upon the material, or use them for any other lawful purpose as long as they attribute the source in an appropriate manner according to the CC BY licence.
The papers published in "Collected Papers of the Law Faculty of the University of Rijeka" can be deposited and self-archived in the institutional and thematic repositories providing the link to the journal's web pages and HRČAK.
Upon acceptance of the manuscript for publication by this journal, the author can publish same manuscript in other journals only with the permission of the Editorial Board (secondary publication). A repeated publication should contain a notice as to where the manuscript was originally published.
