Creditor's Right of Inspection of the Balance Sheet and Profit and Loss Statement of a Public Limited Company

Facts

The case concerns the creditor's right of inspection of the balance sheet and profit and loss statement of a public limited company. The appellants R. and B. G.-W. had applied to the Commercial Register Office of the Canton of Aargau to compel the company G. AG to make these documents available. As the company did not comply with the request, the matter was referred to the Department of the Interior of the Canton of Aargau.

The Department took the view that, according to Art. 697h para. 2 CO in force since 1 July 1992, the judge was responsible for deciding on the right of inspection. The appellants, on the other hand, argued that the Stock Corporation Act in force prior to 1 July 1992 was applicable and that the Department was therefore responsible for handling the request.

Considerations

The Federal Court upheld the administrative court appeal of the appellants and referred the matter back to the Department of the Interior for consideration of the request for inspection in accordance with Art. 704 former CO.

The Court stated that Art. 704 former CO and Art. 697h para. 2 CO have the same material content. The jurisdiction of the judge under Art. 697h para. 2 CO was…