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Decision-makers in GmbHs or other corporations are personally liable for their errors (§ 93 (1) AktG, § 43 GmbHG). The liability of the organs of a capital company is jointly and severally regulated – one can therefore also be held liable for errors which one did not commit himself, but a colleague (§ 34 exp. 1 GenG, § 823 ff BGB, § 426 BHB).

Therefore, the managing partner managing his own company is personally liable to him and to third parties. The GmbH protects him only as a shareholder – but not as a decision maker!

A D & O represents the perfect solution to the problem of manager liability. As a rule, the policyholder becomes the company, which always has the certainty that this existential protection is actually always present. All decision makers are automatically insured. A separate attribution is not necessary.

The D & O offers a wide circle of insured persons. Thus, interim managers, de facto board members as well as compliance, data protection and environmental officers are also insured. Shareholders, partnerships in the form of a general partner GmbH as well as charitable foundations also apply to the insured group of persons.

DAMAGE EXAMPLES

Justified or not, a variety of claims can come from your fields of activity. A mistake in litigation, in the accounting system or in claims management – you have to pay for the financial consequences of legitimate claims.

BAD REQUIREMENTS ANALYSIS

One manager did not do a school staff and office needs analysis before renting office space, so around 500 square meters of the representative building were not used in subsequent years. The company personally solicits the managing director for the costs incurred by the requirements.

FUNDING GAP

The machine park of a tool manufacturer undergoes a disproportionately expensive renewal, which leads to a financing gap, which can only be closed with considerable additional costs. For the resulting additional costs, the responsible managing director is taken personally by the company.

LOST TAX ADVANTAGE

A developer undertakes to renovate a residential building in accordance with the monument and to make it ready for occupancy. In addition, he undertook to the client, the tax certificates for a preservation according to preservation gem. §§ 7i, 11b and 10f EStG, which gives the client the benefit of increased tax deductibility. Upon completion of the remediation, the competent authority shall refuse to issue the tax certificate on the grounds that the construction work has not been sufficiently coordinated with the competent monument protection authority. The client claims the property developer for the lost tax benefits. The developer, in turn, personally claims his responsible site manager.

AD HOC ANNOUNCEMENT OBLIGATIONS

A publicly traded company fails to issue an ad hoc release, despite foreign investigation authorities investigating allegations of manipulation. The plaintiff shareholders invoke when claiming that you have suffered financial losses due to subsequent price losses, which could have been avoided by an ad-hoc release

ERRORS IN THE PROCUREMENT

The supplier selected by a managing director will be unable to deliver due to insolvency after the order has been placed. A prior credit check would have indicated the imbalance of the supplier. For the resulting additional costs due to loss of production and replacement, the responsible managing director is used by the company.

PRODUCTION ERRORS

The unsuitable selection of production facilities leads to production losses or under- or overcapacities

PLANNING ERROR

A company acquisition is carried out due to lack of due diligence at an excessive purchase price.

These and many other risks are covered by D & O insurance. Talk to us for your individual offer.

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