*by Dr. Johannes Fiala, Lawyer (Munich), Mediator (Univ.), MBA Financial Services (Univ.Wales), MM (Univ.), Certified Financial and Investment Advisor (A.F.A.), Lecturer for Civil and Insurance Law (BA Heidenheim, Univ. of Cooperative Education), Banker (www.fiala.de)
It is not uncommon for fund participations to be held via trustees, so that an individual investor cannot get in touch with the other investors in the fund, especially via the commercial register. In such a situation, the Regional Court of Frankfurt/Main, in its judgment of 17 July 2007, ordered the trustee to forward the circular letter of one investor to the other investors. The investor’s goal was to call an extraordinary shareholders’ meeting and then force the fund’s management to provide complete information about the use of funds.
Excerpt from the judgment brief:
Right to information of every investor
In principle, the shareholders participating in a closed-end fund have a claim against the company operating the fund for the publication of a list of the names with contact details of the co-shareholders in order to be able to convene a shareholders’ meeting. Such an obligation to provide information exists in any case if the disclosure of the data of the other co-partners serves the exercise of core membership rights and the shareholder has no other possibility to obtain this information. In this case, the other shareholders are obliged to tolerate the disclosure of their data due to their social duty of loyalty – data protection is therefore not opposed…
(experten.de (29.11.2007))
Courtesy ofwww.experten.de.
Our office in Munich
You will find our office at Fasolt-Strasse 7 in Munich, very close to Schloss Nymphenburg. Our team consists of highly motivated attorneys who are available for all the needs of our clients. In special cases, our law firm cooperates with selected experts to represent your interests in the best possible way.
About the author
Dr. Johannes FialaPhD, MBA, MM
Dr. Johannes Fiala has been working for more than 25 years as a lawyer and attorney with his own law firm in Munich. He is intensively involved in real estate, financial law, tax and insurance law. The numerous stages of his professional career enable him to provide his clients with comprehensive advice and to act as a lawyer in the event of disputes.
»More about Dr. Johannes Fiala
On these pages, Dr. Fiala provides information on current legal and economic topics as well as on current political changes that are of social and/or corporate relevance.
Arrange your personal appointment with us.
You are already receiving legal advice and would like a second opinion? In this case please contact Dr. Fiala directly via the following link.
(The first phone call is a free get-to-know-you conversation; without consulting. You will learn what we can do for you & what we need from you in terms of information, documents for a qualified consultation.)
