PoA Voting Right
Representation in the voting process (LLC/GmbH)
By issuing a voting proxy, shareholders of a GmbH can be represented with regard to participation and voting at general meetings.
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).
- Preparation of the individual voting proxy
- Final examination by attorney
- Communication: personal, telephone, e-mail, video call etc.