Managing directors are obliged to set up a compliance management system, i.e. to take organizational precautions to prevent the company or its employees from committing legal violations. This was once again expressly confirmed by the Higher Regional Court of Nuremberg in its decision of March 30, 2022 (case no. 12 U 1520/19). According to the court, a breach of duty already exists if inadequate organization, guidance or control enables or even facilitates criminal acts or other misconduct by employees of the company.
The managing director is not only liable to his own GmbH, but in the case of a GmbH and Co. KG may also be held directly liable by the limited partnership.
The full text of the decision can be accessed here.
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Patrick J. Kaatz
kaatz@tigges.legal
+49 211 8687 165