The Supervisory Board as a Representative of Investor Interests in the Start-up Sector
Not only limited liability companies, but also stock corporations in the start-up sector are often the subject of venture capital financing. In this context the specific investment is usually regulated in an investment agreement, while the (Investment Agreement), while the relations between the shareholders are regulated in a among each other in a shareholders’ agreement. be recorded. The contracting parties are in each case the Company, the existing shareholders and the additional investors. Regularly other guarantors, in particular the founders of the company, in the Contracts included. Here, it is important to look for potential, hidden conflicts of interest. to pay attention.
Situation with the GmbH
In this context, it is standard practice in the GmbH for investors to be able to influence the business decisions of the management via another corporate body, the advisory board. For this purpose, an advisory board is implemented, which is usually designed as a genuine corporate body by anchoring it in the articles of association.
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