Managing directors
Directors can assess duties before taking unusual or time-sensitive decisions.
Managing director liability in Germany · Berlin · advising across Germany
Managing director liability in Germany
Managing directors make decisions under personal responsibility. A focused duties and risk analysis is particularly valuable when circumstances are unusual.
Who it is for
For directors and companies facing demanding situations.
Conflicts of interest, liquidity pressure, compliance concerns and exceptional transactions often require a specific assessment.
Shareholders
Shareholders can review authority, approval rules and potential claims.
Companies in distress
Management needs a documented view of liquidity, duties and deadlines.
Advice
Apply directors’ duties to the actual decision.
The aim is not a generic liability list, but clarity on required information and a responsible course of action.
Duties in context
The relevant duties depend on the decision, information available and company situation.
- Identify authority and decision scope
- Collect necessary information
- Check conflicts and approval needs
Decision records
Records should show what was known, which alternatives were considered and why a decision was made.
- Structure decision papers
- Document assumptions and risks
- Record approvals and actions
Distress and defence
Time, liquidity information and the distinction between prevention and defence matter in a crisis.
- Monitor financial indicators
- Assess payments and priorities
- Organise claims and response
Contact
Need a timely liability assessment?
Describe the decision, stakeholders and time pressure. I will identify which steps and materials matter now.
How we work
Prepare decisions that can withstand scrutiny.
Duties, available facts and alternatives are organised so management can make and document an informed choice.
Request counselPreserve the decision record
Duties, information, authority and timeline are assembled.
Assess the options
Approvals, conflicts and available alternatives are reviewed.
Set the response
Resolutions, records and any defence are shaped around the actual situation.
Your contact: Dr. Philipp Lerch, attorney · Content last updated: 24 September 2026
Dr. Philipp LerchAttorney · Berlin
Profile
Legal precision meets commercial understanding.
As an attorney with experience at an international business law firm and an additional background in computer science, I combine corporate law expertise with a clear understanding of business models, processes, and technology.
- Former attorney at Hogan Lovells International LLP
- Two German honours examinations with a focus on commercial and corporate law
- Dr. jur. and LL.M. Corporate and Commercial Law, University of Sheffield
- B.Sc. Computer Science, Free University of Berlin
FAQ
Frequently asked questions
When should a managing director seek legal advice?
Unusual transactions, conflicts, unclear approvals or signs of financial distress call for early review. Facts, timing and decision records are central.
Which records help assess a decision?
The articles, management rules, director’s service agreement, resolutions, decision papers and relevant correspondence help establish authority and information available.
Why document management decisions?
A clear record shows what information was available, which options were assessed and who decided. Documentation does not replace review of the applicable duty.
Contact
Need a timely liability assessment?
Describe the decision, stakeholders and time pressure. I will identify which steps and materials matter now.