Die Innenhaftung der Vorstandsmitglieder einer Aktiengesellschaft bei Kollegialentscheidungen

The executive board of a public limited company makes its decisions mostly as a collegial body. However, there are no special regulations for liability in case of erroneous collective decisions. The study examines in detail the preconditions and limits of such liability for the individual member of a multi-member board. Since the board members potentially behave differently during the decision-making process, the respective applicability of the liability-privileging Business Judgement Rule standardised in Section 93 (1) sentence 2 of the German Stock Corporation Act is particularly relevant in practice. The author submits proposals for action and reform for a legally secure handling of collegial decisions.