What duties do I have as the managing director of a GmbH?
May 8, 2022 | 80,00 EUR | answered by Renate Germer
Dear Business Law Attorney,
My name is Andrea Tressel and I am the managing director of a GmbH. Lately, I have been increasingly concerned with the question of what specific duties and responsibilities I, as the managing director, bear. I am aware that as the managing director of a GmbH, I have a variety of legal obligations, but I am unsure if I am fully complying with them.
My main task as the managing director is to manage and lead the business of the GmbH. In doing so, I am responsible for all business decisions and significantly responsible for the economic success of the company. But what specific duties does this entail for me as the managing director? What legal requirements must I comply with, and what risks are involved if I fail to fulfill these duties?
Furthermore, I am concerned that I may unknowingly violate applicable laws or neglect my duties. I want to ensure that as the managing director, I fulfill my responsibilities correctly and in compliance with the law to avoid potential legal consequences.
Therefore, as an expert in business law, I would like to ask what specific duties do I have as the managing director of a GmbH and how can I ensure that I fully comply with these duties? Are there specific measures or precautions that I should take to protect myself?
Thank you in advance for your support and advice.
Sincerely,
Andrea Tressel
Dear Mrs. Tressel,
Thank you for your inquiry regarding your duties and responsibilities as a managing director of a GmbH. As a lawyer specializing in business law, I can assist you and provide you with important information on this topic.
As the managing director of a GmbH, you have a variety of legal duties and responsibilities. One of the most important duties is the duty of care that is imposed on you. This means that you must manage the affairs of the GmbH with the care of a diligent managing director. You are obligated to continuously inform yourself about the financial situation of the company, act economically, and safeguard the interests of the company.
Furthermore, you have the duty to comply with legal regulations. This includes obligations such as proper bookkeeping, compliance with tax regulations, conducting regular shareholder meetings, and adhering to contracts and legal regulations. Violations of these duties can lead to legal consequences, such as liability claims against you as managing director.
To ensure that you fully comply with your duties as a managing director, it is advisable to regularly work with an experienced tax advisor and lawyer. They can inform you about current legal developments, support you in fulfilling your duties, and protect you from potential legal risks.
Additionally, you should continuously educate yourself and stay informed about current case law and legislative changes. It is important that you are always up to date in order to recognize potential risks early and act accordingly.
In summary, as a managing director of a GmbH, you bear a variety of legal duties and responsibilities. To ensure compliance with these duties and avoid legal consequences, it is advisable to work with experienced advisors, continuously educate yourself, and stay up to date.
I hope that this information has been helpful to you. If you have any further questions, please do not hesitate to contact me.
Sincerely,
Renate Germer
Lawyer specializing in business law
