Die auf die Krisenbewältigung nach dem StaRUG bezogenen Organkompetenzen und Pflichten in der GmbH und der AG

Anyone who wants to understand the inconsistent case law on the obligations of management in pre-insolvency crises should refer to this work. It analyzes the obligations under StaRUG and their consequences for the organizational structure of powers in the area of conflict between insolvency and corporate law. The focus is on whether shareholder or creditor interests take precedence and whether the internal balance of power shifts. Against the backdrop of the LEONI debate, the work clarifies whether a StaRUG restructuring is also permissible against shareholder interests. Tristan Söchtig studied law in Heidelberg with a focus on corporate law.