(1) Exclusively the regional court in the judicial district of which the company has its seat is to decide, upon a corresponding petition being made, whether or not the management board is to provide the information.
(2) Any stockholder is entitled to file such a petition who has not been provided with the information demanded and, where a resolution has been adopted regarding the item of business set out in the agenda to which the information pertained, any stockholder likewise will be entitled to file such a petition who was present in person at the general meeting and who raised an objection at the general meeting and had it recorded in the minutes. In the case of the virtual general meeting, the following stockholders participating in the meeting by electronic means are entitled to file a petition:
1. any stockholder to whom the information demanded has not been provided,
2. any stockholder who has lodged an objection by way of electronic communication, if a resolution has been adopted regarding the item of business set out in the agenda to which the information pertained.
The petition is to be filed within two weeks after the general meeting at which it was refused to provide the information sought.
(3) Section 99 (1) and (3) sentences 1 and 2 as well as sentences 4 to 6 and subsection (5) sentences 1 and 3 apply accordingly. A complaint can be lodged only if the regional court has declared it admissible in its decision. Section 70 (2) of the Act on Proceedings in Family Matters and in Matters of Non-contentious Jurisdiction is to be applied accordingly.
(4) Where the court complies with the petition, the information is to be provided also outside of the general meeting. Compulsory enforcement can be pursued based on the decision in accordance with the provisions of the Code of Civil Procedure.
(5) The court seised with the proceedings determines, at its equitably exercised discretion, on which of the parties involved to impose the costs of the proceedings.
Subdivision 4
Voting right