kaal:claim:1558614-024

Under the German business judgment rule's benefit of the corporation element, management cannot be acting for the corporation's benefit when its actions threaten the corporation's existence and economic survival.

management does not act for the benefit of the corporation if its actions threaten the existence and economic survival of the corporation

Painter and Kaal, Initial Reflections on an Evolving Standard Constraints on Risk Taking by Directors and Officers in (2010), IV.B.2. For the Benefit of the Corporation, p. 30
https://ssrn.com/abstract=1558614 · source PDF

Painter and Kaal, Initial Reflections on an Evolving Standard Constraints on Risk Taking by Directors and Officers in (2010). SSRN: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=1558614

• German business judgment rule, second element

conditionsupport: assertedcorporate-governance

• restated_by kaal:claim:kaal-2013-acomparativeperspectiveo-013 German commentators, whose expertise German courts rely on heavily, concluded after the financial crisis that ...
• extended_by kaal:claim:kaal-2013-acomparativeperspectiveo-012 Under German law, directors' business decisions lose the protection of the business judgment rule where the bu...

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