General Managers & Executive Officers
We advise and represent general managers and executive officers in any and all relevant legal matters.
The legal relationship of general managers and executive officers is set apart by the duality of its nature. On the one hand, general managers and executive officers have an appointment relationship regulated by company law to the companies for which they have been appointed as governing bodies; on the other hand, there is a contractual relationship which constitutes a legally separate situation.
With this in mind, we provide in-depth consulting services during the drafting of the employment contracts before the governing position is established. As we do so, we give particular consideration to the fact that general managers and executive officers are generally not classified as employees, so that specific provisions should be included in their contracts.
Naturally, we devote special attention to all of the regulations related to their remuneration. The wording of the provisions concerning compensation contingent upon success (profit sharing, commissions, bonuses, and compensation pursuant to target agreements) is by no means the least important of these.
If the employment relationship begins to turn “sour”, we will of course participate in any negotiations and disputes surrounding the termination of the collaboration.
Finally, it has become apparent that questions of liability on the part of members of governing bodies are playing a significantly greater role in practice. As courts develop legal precedents and D&O insurance becomes more common, it can be seen that claims for damage compensation based on alleged breach of obligations in the performance of their duties are being asserted more and more frequently against governing bodies. Naturally, we will cooperate closely as appropriate with the pertinent D&O insurer during such proceedings.






