By issuing a voting proxy PoA, shareholders of a GmbH can be represented with regard to participation and voting at general meetings.
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Made and reviewed by:
Mag. Markus Reinfeld, LL.M., LL.M.
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Representation in the voting process (LLC/GmbH). A mere GmbH voting right does not require notarial or judicial certification. The simple written form (= personally signed version on paper) is sufficient. The requirement of a handwritten signature is also met by a document provided with a "qualified" electronic signature, unless otherwise provided by the parties' agreement or by law (e.g. testamentary dispositions, transactions requiring certification).
The power of attorney to vote should be formulated as a special power of attorney (i.e. specifically with regard to the "exercise of voting rights"). It is not necessary, but useful, to restrict it to certain measures to be decided (e.g. with reference to items on the agenda of a particular general meeting).
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A power of attorney is most often used when the authorizer is unable to be present at a certain place or time to sign a document or perform a task. With a voting proxy, you can determine who may exercise your voting rights in your place at the general meeting of your association.
A professionally prepared power of attorney for voting rights (voting proxy).
No that is not necessary.
A Power of attorney (POA) is a legal authorization that gives a designated person the power to act for another person.
By issuing a voting proxy PoA, shareholders of a GmbH can be represented with regard to participation and voting at general meetings.
The lasting power of attorney (Vorsorgevollmacht) is a precautionary power of attorney.
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