Die Stimmrechtsvertretung im Aktien- und GmbH-Recht

In case a shareholder is not able to attend the general meeting of shareholders, he can exercise his voting right by proxy. The available dissertation particularly discusses the amendments by the lawmakers with the ARUG, which changed the form of exercising the voting right by proxy. Especially, the proxy voter according to § 134 III 5 AktG is analysed from the dogmatic point of view as well as from a legal policy view.
In addition to the voluntarily exercise of voting right, the mandatory representation in general meetings is crucial for shareholders. The author emphasises a constellation, in which the ar-ticles of association oblige a group of shareholders to exercise their voting rights by proxy. The relations between the obliged shareholders and the possibility of termination are analysed.