gmbh-geschaeftsfuehrerhaftung

Analyze GmbH managing director liability under §§ 43, 64 GmbHG, §§ 15a, 15b InsO, and § 823 BGB.

17|2|Updated May 21, 2026
One-click install
npx skills add https://github.com/borghei/AI-Skills-German-Law --skill gmbh-geschaeftsfuehrerhaftung
Or copy as Structured Prompt for Agent
Please help me install this Agent Skill.
Skill: gmbh-geschaeftsfuehrerhaftung
Source: https://github.com/borghei/AI-Skills-German-Law/tree/main/gesellschaftsrecht/skills/gmbh-geschaeftsfuehrerhaftung
Command: npx skills add https://github.com/borghei/AI-Skills-German-Law --skill gmbh-geschaeftsfuehrerhaftung

SYSTEM DOCUMENTATION & REQUIREMENTS

What problem does it solve?

The Skill identifies and evaluates the civil liability risks of GmbH managing directors towards the company, as well as external liability in crisis situations and the insolvency application duties, enabling structured risk assessment and defense planning.

Core Features & Use Cases

  • Identify internal liability bases under § 43 GmbHG and related provisions, as well as external liability and insolvency-related exposure to third parties.
  • Map defense lines such as the Business Judgment Rule analog in GmbH law, potential entlastung by shareholders, and risk mitigation steps for D&O insurance.
  • Use in scenarios where a managing director is challenged or a company faces claims from creditors, insolvency administrators, or regulators to prepare defenses and compliance measures.

Quick Start

Provide inputs including role, claimant, breach type, timing relative to insolvency, and D&O coverage to initiate the liability assessment.

Frequently Asked Questions about gmbh-geschaeftsfuehrerhaftung

High-intent search queries and answers about installing and using this skill.

FAQPage Schema
How do I assess GmbH managing director liability under § 43 GmbHG?

To assess GmbH managing director liability under § 43 GmbHG, the Skill analyzes internal duty breaches towards the company, evaluates applicable statutes, and structures arguments with evidence to guide risk assessment and defense planning.

What are the insolvency application duties for a GmbH managing director?

Insolvency application duties for a GmbH managing director involve compliance with § 15a InsO and § 15b InsO. The Skill evaluates crisis-era external exposure and timing relative to insolvency to structure defense and mitigation steps.

How does the Business Judgment Rule apply to GmbH managing directors?

The Business Judgment Rule applies to GmbH managing directors as a defense line against internal liability claims. The Skill maps this analog in GmbH law alongside potential entlastung by shareholders to minimize liability risks.

Can I evaluate external liability and third-party claims under § 823 BGB?

Yes, you can evaluate external liability and third-party claims under § 823 BGB. The Skill identifies external exposure in crisis situations and structures arguments against claims from creditors, insolvency administrators, or regulators.

What information do I need to start a GmbH geschäftsführerhaftung risk assessment?

To start a GmbH geschäftsführerhaftung risk assessment, you need to provide inputs including the director's role, claimant identity, breach type, timing relative to insolvency, and D&O insurance coverage details.

How do I plan D&O insurance mitigation steps for GmbH pflichtverletzung claims?

To plan D&O insurance mitigation steps for GmbH pflichtverletzung claims, the Skill structures defense lines, evaluates applicable statutes like § 64 GmbHG, and guides risk mitigation based on the provided D&O coverage inputs.