Spezielle Haftungsfragen im Rahmen der Konkursverschleppung

Liability under insolvency, civil, and tax law as well as under criminal law: When the conditions for insolvency (illiquidity or over-indebtedness) arise, a bankruptcy petition must be filed no later than 60 days (120 days in the case of natural disasters). If this does not happen, it constitutes delay in filing for bankruptcy, and the corporate representatives are liable for any resulting damages. Under the new criminal law, delay in filing for bankruptcy is no longer a criminal offense. The most significant regulation with the two essential elements is found in § 159 of the German Penal Code. Special liability issues and risks: This chapter demonstrates that, in addition to the corporate representatives, several other groups of individuals can also be subject to liability, even though they are not affected by the obligation to file for bankruptcy. Besides the obvious interest groups of shareholders and supervisory boards, there are others that must be considered.