Der Vorstand als Überwacher des Aufsichtsrats

While the supervisory board’s oversight of the management board is clearly regulated in the German Stock Corporation Act (“AktG”), there has been little research on whether and to what extent the management board, in turn, must oversee the supervisory board. This study is dedicated to this both doctrinally and practically significant question. The “reverse” monitoring relationship is examined through the lens of the management board members’ general duty of care, as set out in Section 93 para. 1 sentence 1 AktG. Based on this framework, the author develops the standards and intensity of the management board’s oversight of the supervisory board in a way that is well-founded in legal doctrine, thereby making a valuable contribution to the discussion on effective corporate governance in stock corporations.