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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