Der praktische Einsatz des besonderen Vertreters nach § 46 Nr. 8 GmbHG

The representative body in a GmbH is generally the managing director. If, in individual cases, the managing director is disqualified from representing the company, the question arises as to how the company's representation can be ensured if there is no other representative body. The shareholders decide on this question and, for certain constellations, can appoint a special representative. So far, this topic has only been treated rudimentarily in the literature. This monograph fills the resulting gap by, on the one hand, elaborating on the legal status and practical scope of application of the special representative and, on the other hand, offering suggestions for solving conflicts involving the use of the special representative in the two-tier GmbH.