The contribution deals with the limits of contractual autonomy during the creation of classes of shares with special rights. Specifically, it addresses the issue of which rights can be attached to share or, to be more specific, whether these rights might be non-participating too and if so, to what extent.
One of the limits is the legal regulation of powers of statutory body. The creation of special rights attached to shares shall not affect the (exclusive) power of statutory body to manage the company's business.