§ 111 Absatz 4 Satz 2 AktG im Spannungsverhältnis zur Vorstandsautonomie

The dissertation deals with the obligation under Section 111 IV 2 AktG to draw up a catalog of transactions requiring approval. This is an encroachment on the free discretion of the management board pursuant to § 76 AktG that should not be underestimated. So far, the only consensus is that there is an excess and an insufficiency prohibition here. The paper strives for more detailed specifications. In particular, it argues that entrepreneurial decisions, if they were free of liability under the business judgment rule, would not be subject to a requirement of consent.