Kapitalmarktkommunikation durch den Aufsichtsrat einer Aktiengesellschaft

Contrary to what the inclusion of a suggestion in the “DCGK” regarding investor dialogue by the chairman of the supervisory board and its widespread use in practice would suggest, the legal framework for capital market communication by the supervisory board has not yet been clarified. The author therefore examines the admissibility and limits of capital market communication by the supervisory board by analysing German stock corporation and capital market law. In particular, it is shown that topic-specific communication competences result from the dualistic competence structure as annex competences and that narrowing the communication responsibilities to the chairman contradicts the nature of the supervisory board as a collegial body.