As a shareholder, you have many rights, but also some obligations

Would you like to know what your responsibilities as a shareholder are? The most important questions about the role of shareholders are discussed here.

• Your rights
• Your duties
• Liability of shareholders
• Active and silent partners

Regardless of whether it's a small or large company: As a shareholder:in a GmbH, you enjoy several rights. The extent of these rights is determined by the shareholders' meeting.
Important questions that need to be discussed in this context include

• Which GmbH shareholder will become managing director?
• Who will assume which powers and tasks?

In short: In the shareholders' meeting, you create the framework conditions for your company. As a GmbH shareholder, you also have other rights that relate to the management of the company, its assets, profit entitlement and general control, for example.
Voting rights are particularly important in this context. As a rule of thumb, you receive one vote for every euro of a share. Shareholders who have the most shares therefore also have the most votes.

If you want to become a shareholder in a GmbH, you must fulfil certain requirements and obligations.
Important details that play a particularly important role here are

• making a minimum contribution, which is specified in the shareholder agreement
• (in certain areas) a background check
• compliance with the requirements of the Money Laundering Act.

However, there are no requirements with regard to professional qualifications or the nationality of GmbH shareholders in Germany. In principle, the number of GmbH shareholders in a company can change again and again. Sometimes the transfer of parts of the business also creates new relationships.

The extent to which you are liable for the company in which you hold an interest depends primarily on its legal form. For corporations, your liability is usually limited to the capital entered.
However, if you fail to fulfil your obligations as a shareholder, this may also affect your liability. In this case, it is quite possible that you will be liable with your private assets. Incidentally, this also applies to the formation phase of the GmbH.

In most cases, the shareholders who manage the business of a GmbH are active or managing shareholders. They manage the company and are confronted with the above-mentioned rights and obligations in day-to-day business.

If you work for a GmbH as a silent partner, you only have limited rights, but you also share in the profits as an investor. The more influence you have as a silent partner, the more you are liable.
As you can see, there are a few things to consider as a GmbH shareholder. If you have decided to set up a GmbH, we will be happy to support you in your endeavours. We will show you what you should pay attention to as a GmbH shareholder and what options you have when it comes to realising your ambitions.