Swiss Federal Tribunal Confirms Broad Right to Inspection of LLC Quotaholders

In a decision dated 29 June 2026, case no. 4A_533/2025, the Federal Tribunal confirmed that the right of a limited liability company (LLC) quotaholder to inspect the company’s “books” and “records” under Article 802 para. 2 of the Swiss Code of Obligations (CO) extends well beyond accounting records. NKF represented the minority quotaholders throughout the proceedings, obtaining confirmation of a broad right of inspection.

Key Take-Aways

• Broad scope of “books and records”: The right of consultation under Article 802 para. 2 CO is not limited to accounting documents it extends to various other business records of a LLC.
• Numerous questions not a fishing expedition: A request comprising many questions is not, for that reason alone, a “fishing expedition” provided each question is precisely and specifically formulated.
• Leading case status: Designated for official publication, this decision is set to become a leading case on the scope of consultation rights in Swiss LLCs.