Insolvent, but (for the time being) no obligation to file for insolvency! This is the heart of the insolvency law related legislative measures which have been adopted last week in a rush to secure the existence of German Companies. However, also a number of other insolvency law provisions have been suspended or relaxed so as to facilitate and foster cash inflow and financing activities for the companies affected by the current crisis.

The various measures to mitigate the impact of the COVID-19 pandemic now include the establishment of the ESF to support companies for a limited period of time, primarily by providing guarantees but also hybrid or equity financing – a mechanism that was already tested during the financial crisis to support banks.

In the course of a transaction in which a company or shares in a company are sold in whole or in part, family-law provisions must often be observed. In this context, the Higher Regional Court of Saarbrücken and the Higher Regional Court of Oldenburg have recently commented on two cases of practical relevance, namely the obligation to obtain the approval of the other spouse in the case of disposition and the approval of a transfer of the limited partner’s share in favor of minors.

The discharge of a managing director is at the discretion of the shareholders’ meeting and is approved by the management of the company. To what extent is this discretion restricted if the manager has violated the duties assigned to him? Can the shareholders of the GmbH & Co KG make direct claims against the managing director of the limited partnership general partner at all? The Higher Regional Court of Frankfurt decided on the effectiveness of a discharge for a managing director of a limited partnership general partner who had not noticed for years that an employed administrator of the company had embezzled money.