Die Vorgaben zur ordnungsgemäßen Geschäftsorganisation im Bankaufsichtsrecht

Regulations regarding proper business organization are key elements of a modern banking supervisory law and influence the work of banking executives substantially. This examination traces the development of these regulations and describes content and impact of current organizational duties. Special focus is placed on the influence of these duties on banking executive’s commercial freedom and discretionary powers. The author also analyses these duties’ impact on the regulatory concept of banking supervisory law, especially in light of the application of the regulations by the Federal Financial Supervisory Authority. The work illustrates requirements for executives in the interplay between banking supervisory law and corporate law and provides an in-depth basis to assess liability of banking executives. Additionally the author reviews the regulations regarding proper business organization critically and thus offers preliminary considerations for the future development of banking supervisory law at the nexus to corporate law.