Risikomanagement im Aktienrecht

Enterprise Risk Management has developed to be a key factor for all businesses. Yet, scholars deny a duty of the board of a stock corporation to establish an Enterprise Risk Management under German law. This work takes the opposing view, showing that such duty does exist.
Beyond that, the duty’s scope is described in more detail. For this, concepts of Enterprise Risk Management in managerial economics as well as under banking and insurance supervision law are introduced. While a general spill-over of these concepts to stock corporation law must be resisted, they may serve as a helpful guidance within a differentiated approach that takes into account the distinctive features of financial industries. This work establishes minimum requirements of risk management that allow for an adaption to the individual business.