Austrian Law Blog:
Menu
No, advance payments on future claims to profits are not permitted (6 Ob 84/17x; 6 Ob 128/17x). The profit of a GmbH may not be distributed before the annual financial statements have been adopted and a resolution on the appropriation of profits has been passed. A shareholder who receives a
Shareholder resolutions that violate the law (e.g. participation of a shareholder who is excluded from voting rights) or the articles of association can be challenged by the outvoted or an absent shareholder who was not properly invited to the shareholders’ meeting, by filing a lawsuit against the company. Outvoted shareholders
The GmbH shareholder has a comprehensive right to information from the company, which, according to case law (6Ob11/08y), also includes the right to inspect the books. A shareholder may not only inspect the books of the company but also of the wholly-owned subsidiaries of the company within fourteen days prior
Since July 2023, shareholders of a GmbH can also hold general meetings virtually, i.e. by video conference. However, the prerequisite for this is that this option is explicitly provided for in the articles of association of the GmbH. It must also be stipulated whether the meetings of shareholders are always