Tag Archive: Criminal liability

BGH: De facto managing director may be subject to criminal liability for delaying insolvency proceedings

By Marei Hellmig and Mario Lindner After having declared the possibility of criminal liability of de facto managing directors in an incidental manner (BGH, 21 August 2013, NJW 2014, 164), the German Federal Court of Justice ruled by decision of 18 June 2014 explicitly that not only registered managing directors but also de facto managing …

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Permanent link to this article: http://blogs.dlapiper.com/derestructuring/2014/12/17/bgh-de-facto-managing-director-may-be-subject-to-criminal-liability-for-delaying-insolvency-proceedings/