Die Untersuchung von Compliance-Verstößen

Compliance has become a popular topic in German corporate law during the last 10 to 15 years, and it covers various parts of corporate law as well as questions of company organisation. Despite the importance of the legal conformity of corporate actions there is, apart from some special supervisory rules, a lack of rules dealing with compliance.
Based on the thesis that special supervisory rules have no impact on non-regulated stock corporations, the main function of this study is to analyse the compliance duties of the executive board and the supervisory board and also to discuss whether both boards are allowed to fulfill their compliance responsibilities together respectively whether they have a duty to cooperate due to aspects of effectiveness. Thereby, the focus of this analysis were the reactive investigation obligations of the executive board and the supervisory board.