Germany
Maximilianstr. 280539 München
Germany+49 89 4444 373-20
Kanzlei Verbracken & Partner
Directors’ liability: corporate debts and guarantees
When a business crisis becomes a personal liability risk, clarity matters. Together with the appropriate legal and tax professionals, we assess claims, deadlines and debt-relief options.
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Who is claiming what from you?
A claim against a GmbH is not automatically a claim against its managing director. Distinguish liability to the company, creditor claims, personal guarantees and tax liability notices. Section 43 GmbHG particularly concerns breaches of duties owed to the company. The broad phrase piercing the corporate veil does not replace a specific legal basis.
The main areas of risk
Alongside guarantees and tort claims, review delayed filing under section 15a InsO, payments after insolvency under section 15b InsO, tax liability and social-security contributions. D&O insurance, allocation of responsibilities, time in office and documented decisions may matter. Selling the company or resigning does not automatically resolve earlier breaches.
Coordinate debt relief and defence
For substantial personal claims, we consider settlements, insolvency and international options. Where investigations or court deadlines also exist, the relevant lawyers must handle defence in parallel. Bring demand letters, notices, guarantee agreements and a crisis timeline. If insolvency may already have occurred, booking a meeting is no substitute for immediate legal assessment.
Your situation deserves a clear next step.
We assess your circumstances personally and involve the appropriate professionals for legal and tax questions.
Book your free initial consultation now