Appearance and meaning
All company forms existing in Germany know the body of the shareholders' meeting (e.g. in the case of the GmbH , KG, GmbH & Co. KG, OHG or the civil law company ). In the stock corporation , the shareholders' meeting is called the general meeting by law . Depending on the legal form, the shareholders' meeting is subject to different rules. Legal regulations for shareholders and general meetings can be found at corporations (GmbH and AG). In the case of commercial partnerships, however, the law does not generally provide for any regulations on shareholders' meetings. The shareholders can stipulate binding procedural regulations for shareholders' meetings in articles of association.
The will of the company is fundamentally made through resolutions that u. a. be taken in the shareholders' meeting. Depending on the type of company and the articles of association, it is different whether the voting takes place on a per-head basis or on the basis of the participation in the company's capital. In Germany, decisions of a shareholders' meeting that are incorrect in law can be proceeded with with an action for annulment pursuant to ff. AktG , an action for annulment or a declaratory action.