The German Company Law of 1931

1932 ◽  
Vol 18 (8) ◽  
pp. 850
Author(s):  
Fritz E. Koch ◽  
Peter Auerbach
Keyword(s):  
Company Law ◽  
German Company

Aufsichtsratskommunikation

2021 ◽  
Author(s):  
Pirmin J. Schauer
Keyword(s):  
Corporate Governance ◽  
Supervisory Board ◽  
Corporate Communication ◽  
Company Law ◽  
Investor Relations ◽  
Economic Perspective ◽  
Active Player ◽  
Limited Company ◽  
German Company

International corporate governance standards are exercising unrelenting pressure on German company law. One of the most pressing questions in current corporate governance debate is to what extent the supervisory board can participate in the investor relations of a public limited company without intruding too far into the executive board's sphere of competence. Starting from the legal and economic perspective on the distribution of information in public limited companies, the author shows on what dogmatic principles such involvement may be permissible. The development of the supervisory board into an active player in corporate communication also means that the role of the supervisory board and the scope of duties of the chairman of the supervisory board must be reviewed in a different light.

German Company Law: Recent Developments and Future Challenges

2005 ◽  
Vol 6 (10) ◽  
pp. 1407-1417 ◽  
Author(s):  
Patrick C. Leyens
Keyword(s):  
Traditional Approach ◽  
Internal Controls ◽  
Company Law ◽  
Common Denominator ◽  
Driven System ◽  
German Company ◽  
Future Challenges ◽  
Recent Developments ◽  
Market Driven ◽  
The Law

The last decade has been a time of changes in all branches of German company law. Whilst the changes in the law of civil partnerships go to the very fundaments of what was a firm belief for a hundred years in national law, the future of the private limited company is increasingly determined by the competition of regulators in the European common market. The European dimension of modern company law making is even more pervasive in the law of stock corporations where growing convergence can be noted in regard to the national approaches of the European Member States towards internal controls. A common denominator for most of the changes in German company law is the partly court driven, partly legislature driven attempt of a better adjustment of investor and creditor protection to evolving business needs. Looking on the changes from a wider angle that includes capital markets, however, there are signals for a shifting in the traditional approach of German corporate governance towards an increasingly market driven system.

Das Unternehmensinteresse - Maßstab für die Organwalter der Aktiengesellschaft

2020 ◽  
Author(s):  
Claudia Schubert
Keyword(s):  
Corporate Social Responsibility ◽  
Public Interest ◽  
Company Law ◽  
Public Interests ◽  
The Public ◽  
German Company ◽  
German Legislation ◽  
Ongoing Development ◽  
Corporate Social

The so-called company interests determine the directors’ duties within a corporation. There has been an ongoing discussion of this term in German company law for the last 100 years. Recently, it has been receiving new impetus through the ongoing development of corporate social responsibility and the debate about sustainability and the commitment of companies to the pursuit of public interests. To date, German legislation remains unchanged, but the key provision of the French Civil Code (Art. 1832) has been altered in 2019. Against this backdrop, this book analyses company interests as a crucial standard for directors’ duties, their derivation and repercussions. The directors have to ensure the long-term viability of the company, taking into account the benefit of its shareholders as a whole, as well as the interests of the company’s employees. Additionally, the company’s interest, in protecting its reputation, serves as a gateway for the director’s regard to the company's business relationships, business conduct and the public interest, but at the same time, it sets limits for this regard. Further limitations to protect public interests need prohibition statutes.

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