Sorgfaltskonforme Prognosen und Pflichten der Geschäftsleiter im Vorfeld der Insolvenz

This book deals with the director’s duties before insolvency, pertaining to the recognition of insolvency signs, and with the necessary measures to be taken thereafter. The increasing responsibility of the directors to constantly monitor the financial situation of the company is analysed specifically. The extent of the director’s duties in regard to the detection of the insolvency situation has increased considerably in Germany, after new legislation was passed in the field of corporate and insolvency law (MoMiG and FMStG). Insolvency predictions aims exist specifically for this reason. But how should such predictions be generated? Which uncertainties exist during this procedure? Which standard of due diligence is required? These and further questions are analysed, e.g. by taking a glimpse at comparative law.