Supervision of Commercial Companies in Iranian and German Law with Emphasis on Shareholders’ Rights
Subject Areas : Journal of Law and Politics
tahereh shokri
1
(PhD Student in Private Law, Islamic Azad University, Qeshm Branch, Iran)
mansor atashneh
2
(Faculty of Law and Political Science, Shahid Chamran University, Ahvaz, Department of Law)
alireza mazlumrahni
3
(Department of Persian Language and Literature, Shahr-e-Qods Branch, Islamic Azad University, Tehran, Iran.)
Keywords: German Law, Iranian law, Shareholders,
Abstract :
The current research has been carried out with the aim of monitoring commercial companies in Iran and Germany with an emphasis on shareholders' rights. The most important assets of companies are their shareholders. The main characteristic of German law is the involvement of shareholders in the supervision of the company in the management of its affairs; In such a way that the representatives of the employees are present in the supervisory board along with the representatives of the shareholders at every stage. The supervisory board in Germany is generally appointed by the shareholders as part of a resolution passed by the shareholders' meeting. If a joint-stock company is subject to the provisions of the formation law, the employees also determine the composition of the supervisory board. While in joint-stock companies, the supervisory board supervises the company's policy, in a limited liability company, this task is generally the responsibility of the company. It is a shareholders' meeting.After that, the discussion of setting up a supervisory board is raised, especially for medium-sized companies. The findings of the research indicate that monitoring in companies has structural and legal challenges, such as the silence of Iran's laws regarding the determination of the relationship between the inspector and the company, the determination of explicit rules in the civil code regarding monitoring in companies, emphasizing the rights of shareholders.
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