In a decision dated February 23, 2016, the Supreme Court for the first time abandoned the requirement of personal identity between the managing director, the general partner’s partner or the limited partners with regard to liability for negligent actions by the managing director of a general partner GmbH towards the GmbH & Co KG. In this decision, the OGH also commented on other important corporate law issues.

The Supreme Court has in a recent decision for the first time pronounced that one Liability for acting in breach of due care Managing director of a general partner GmbH versus GmbH & Co KG exists even if no personal identity between the managing director, the general partner or the limited partners.

 

First time There was also an analogous application of the five-year limitation period instead of the three-year limitation period Claims of the GmbH & Co KG against the managing director of the GmbH as a general partner if the return of deposits is prohibited, the answer is yes.

 

In this decision, the Supreme Court also dealt with the effects of the consent or instructions of all shareholders on the managing director’s liability towards the company as well as the analogous application of the GmbH’s capital maintenance regulations to the GmbH & Co KG.

Further information on the OGH’s decision can be found in our newsletter.

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