With the StarRUG, which entered into force on 1 January 2021, the legislator has not only created a new set of instruments for corporate restructuring outside of insolvency, but at the same time legally anchored the obligation to implement a crisis early warning and management system for all companies with limited liability. Violation of this duty can lead to the personal liability of the managers. Especially against the background that the manifold state aid granted in connection with the COVID pandemic only covers up actual financial and performance-related undesirable developments in many companies, a dangerous mixed situation has developed for business managers.
DiLigens partner Marcello Di Stefano has written an article on this topic for the Berliner Anwaltsblatt, which you can find here in full length: Pandemic-and-Crisis-Frueherkennungspflichtpdf
Link to the Berliner Anwaltsblatt: https://bc-v2.pressmatrix.com/de/profiles/3fa0c2913441/editions/dc329f88a235194b6223/preview_pages