Für uns relevant ist auch folgender Paragraph aus dem DCC, er betrifft die von Dirty Jack hervorgehobene Untersuchung der Unternehmungsführung.
Das ginge schon mit weniger: Wer darf eine Untersuchung beantragen? - wiederum mind. 10 % der stimmberechtigten Aktien & - dass sollten wir hinbekommen nominal value of € 225,000 also 22 500 000 Aktien
Article 2:345 Request for an investigation into the policy and affairs of a legal person
- 1. Upon a written request of those who are entitled to make such a request by virtue of Articles 2:346 and 2:347, the Enterprise Chamber ('ondernemingskamer') of the Amsterdam Court of Appeal may appoint one or more persons to conduct an investigation into the policy and the state of affairs of a legal person, either in full or with respect to some part thereof or to a certain period. The policy and state of affairs of a legal person include the policy and state of affairs of a limited partnership (commanditaire vennootschap) or a general partnership (vennootschap onder firma) of which a legal person is a fully liable partner.
- 2. The Advocate-General at the Amsterdam Court of Appeal may, for reasons of public interest, make a request for the conduct of an investigation as meant in paragraph 1. He may, in preparation of such request, charge one or more experts to gather information on the policy and state of affairs of the legal person. The legal person is obliged to provide the requested information and to allow, upon request, the experts to inspect its books and records.
Article 2:346 Right to file a request for an investigation The following persons are entitled to file a request as referred to in Article 2:345: a. if it concerns an Association ('vereniging'), a Cooperative ('coöperatie') or a Mutual Insurance Society ('onderlinge waarborgmaatschappij'): the members of the legal person, in number at least 300, or at least one tenth of the total number of members or at least representing one tenth of the votes that may be cast at the General Meeting; b. if it concerns an Open Corporation ('naamloze vennootschap') or a Closed Corporation ('besloten vennootschap'): one or more holders of shares or depository receipts of shares, who solely or jointly represent at least one tenth of the issued share capital or who are solely or jointly entitled to an amount of shares or depository receipts of shares to a nominal value of € 225,000 or of a lower sum specified for this purpose in the articles of incorporation; c. those to whom such right has been granted in the articles of incorporation or in an agreement with the legal person.
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