Die Haftung des nach § 45c KWG bestellten Sonderbeauftragten

This work examines the hitherto unresolved question of the civil liability of a special representative under banking supervisory law within the meaning of section 45c of the German Banking Act (Kreditwesengesetz – KWG) towards a bank (and third parties) for whose account the special representative is appointed by the competent authority, BaFin. For this purpose, a systematic and in-depth analysis of the relevant legal issues relating to the (civil) liability of the special representative in the financial services industry is carried out and a dogmatically sound liability system, in particular considering the limited liability, codified in section 45c(7) of the KWG, is developed for the use of the special representative.