Proxy Solicitation

The activation of unused voting rights potential by means of organized solicitation of proxies, flanked by advertising for a certain voting behavior, can represent an effective way to create majorities at the Annual General Meeting. This work examines the permissibility, means and limits of such solicitation both by shareholders as part of shareholder activism and by the corporation itself. In addition, the constellation of so-called proxy fights is examined and compared with the legal situation in the USA. Finally, possible courses of action for the company concerned are outlined and case groups are formed, so that the study is aimed at both academics and practitioners.