The liability of the de facto managing director
The managing director of a GmbH is liable for damages if they breach their statutory duty of care. For such duties of care to exist, the person must be appointed as managing director. However, under certain circumstances, a so-called de facto managing director can also be liable for breaches of duty of care like a regular managing director. I. Appointed vs. De facto Managing Director The "statutory" managing director of a GmbH is [...]
Managing Directors – liability of the GmbH in case of bribery
The GmbH, for which a managing director worked, can be held liable for damage under certain conditions, for example in the case of bribery.
Managing director liability - risks in the GmbH
Liability risks of the GmbH managing director Managing directors in a GmbH or members of the board of a stock corporation have special liability risks. Anyone who violates their duties as a managing director or board member is liable for damages. Breaches of duty and possibilities for compensation are becoming more and more important for my clients. D&O insurance, with which a GmbH can protect itself against damages and the management against its own liability [...]
Transparency register – extended registration requirement
Money laundering is a severely underestimated problem worldwide. Billions of dollars generated through criminal activities are funneled back into the economy and thus "laundered." Germany, in particular, is considered a money laundering haven. But that's not what we're talking about here. Rather, it's about new regulations imposed on clean-running companies in Germany – namely [...]
Foundation of a GmbH – share capital, managing director, process
Establishing a limited liability company, or GmbH for short, is an important step for entrepreneurs who want to take their business to the next level. The process of establishing a GmbH differs from that of establishing another legal form, as more steps and a greater variety of legal decisions are required. When establishing a GmbH, […]
Management liability: Breach of duty towards the GmbH
Managing director liability is a sensitive issue: The law stipulates that managing directors must exercise the care of a prudent businessman in the affairs of the company. A managing director who violates his duties is liable to the company for the damage caused. D&O insurance can protect him and the company. Author: Dr. Christian Andrelang, LL.M. Attorney-at-law Specialist in international commercial law […]