Managing-Director Liability
Protection from personal liability for directors and board members
Managing-Director Liability - Preventive Protection and Professional Defence
The personal liability of managing directors and management-board members is an existential risk that reaches far beyond the boundaries of the company. As a corporate-body member, you bear comprehensive responsibility for entrepreneurial decisions, and even minor breaches of duty can lead to considerable damages claims. Forward-looking advice helps to identify liability traps early, establish preventive protective measures and respond professionally in an emergency.
Our focus lies on systematic liability prevention through compliance-conscious corporate management. We analyse your individual risk potential, develop tailor-made compliance systems and advise on decision-making processes that comply with duties of care. We pay particular attention to the Business Judgment Rule, proper documentation of resolutions, appropriate information-gathering and the establishment of internal control systems.
The personal liability of managing directors and management-board members is an existential risk that reaches far beyond the boundaries of the company. As a corporate-body member, you bear comprehensive responsibility for entrepreneurial decisions, and even minor breaches of duty can lead to considerable damages claims. Forward-looking advice helps to identify liability traps early, establish preventive protective measures and respond professionally in an emergency.
Our focus lies on systematic liability prevention through compliance-conscious corporate management. We analyse your individual risk potential, develop tailor-made compliance systems and advise on decision-making processes that comply with duties of care. We pay particular attention to the Business Judgment Rule, proper documentation of resolutions, appropriate information-gathering and the establishment of internal control systems.
In the event of liability, we consistently represent you vis-à-vis shareholders, creditors, insolvency administrators and criminal-prosecution authorities. This includes the defence against damages claims, the defence in criminal proceedings, disputes with insolvency-avoidance claims as well as the settlement of D&O insurance claims. We work closely with insurance experts and coordinate all necessary measures.
We have particular expertise in crisis-related situations: from the early identification of insolvency grounds, through the proper filing of an insolvency petition, to liability minimisation in the crisis. We accompany you through restructuring proceedings and advise on shareholder loans, insolvency-estate liabilities and other liability situations under insolvency law.
Our specialist lawyer for commercial and corporate law Maximilian Rohrbach has many years of experience advising managing directors and management-board members. We combine in-depth legal knowledge with a practical understanding of commercial realities and represent your interests both preventively and in acute conflict situations with the necessary determination.
Liability Prevention
- Analysis of existing liability risks
- Compliance systems and internal control systems
- Duties of care and the Business Judgment Rule
- D&O insurance and contract drafting
- Preventive advice on directors' duties
Liability Defence
- Representation in damages claims
- Disputes with shareholders
- Proceedings before civil and criminal courts
- Insolvency avoidance and insolvency-estate actions
- Settlement of insurance claims
Specialist Areas
- Liability of GmbH managing directors
- Liability of the management board of public companies
- Supervisory-board liability and oversight duties
- Safeguarding the directors' livelihoods
- Compliance and corporate governance
Crisis Management
- Emergency advice on acute liability risks
- Crisis management and reputation protection
- Immediate measures on imminent insolvency
- Coordination with insurers and authorities
- Mediation and out-of-court settlements
Your contact
Maximilian Rohrbach
Specialist Lawyer in Commercial and Corporate Law
