English translation of the draft Corporate Liability Act (coming soon)
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German Ministry of Justice publishes draft corporate liability act – what companies must expect
Dr. Nicolai Behr
26/04/2020
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E-Commentary on the corporate liability act
Part 1 - General provisions
Part 2 - Conditions for sanctioning; contingent liability
Part 3 - Legal consequences
- § 8 Corporate sanctions
- § 9 Amount of the corporate fine
- § 10 Warning with a deferred corporate fine
- § 11 Deferral of a part of the corporate fine
- § 12 Conditions in case of a a deferred corporate fines
- § 13 Instructions in case of a a deferred corporate fines
- § 14 Public announcement of the conviction of the corporation
Part 4 - Limitation period
Part 5 - Responsibilities and procedural rules
- § 23 Jurisdiction
- § 24 General Provision
- § 25 Meaning of "connected"
- § 26 Place of jurisdiction of the registered office or branch
- § 27 Status in the proceedings
- § 28 Representation of the corporation
- § 29 Special representative
- § 30 Entry into proceedings by legal successors
- § 31 Procedure for determining the amount of liability
- § 32 Alert to determine whereabouts
- § 33 Examination of the legal representative
- § 34 Use of personal data from investigative measures
- § 35 Non-prosecution of petty offences
- § 36 Non-prosecution subject to imposition of conditions and instructions
- § 37 Non-prosecution in case of serious consequences for the corporation
- § 38 Non-prosecution in case of expected sanctioning abroad and for other reasons
- § 39 Non-Prosecution in the Event of Insolvency
- § 40 Termination of proceedings in case of temporary and procedural obstacles
- § 41 Non-Prosecution in case of internal investigations
- § 42 Non-Prosecution in case of antitrust offences
- § 43 Presence at the main hearing
- § 44 Order for the legal representative to appear in person
- § 45 Main hearing despite absence of the legal representative of the corporation
- § 46 Reading of minutes
- § 47 Provisions applied
- § 48 Effect of legal force
- § 49 Obligation to provide information
- § 50 Sanction notice
- § 51 Participation of the injured person
- § 52 Security for enforcement
- § 53 Enforcement
Part 6 - Corporate sanctions register
- § 54 Establishment and content of the register
- § 55 Subject of the registration
- § 56 Notifications, corrections, blocking notes
- § 57 Deletion of registrations
- § 58 Information to the corporation concerned
- § 59 Requests
- § 60 Unlimited information
- § 61 Information for the preparation of legal provisions and general administrative regulations
- § 62 Information for scientific research
- § 63 Information to foreign, supranational and intergovernmental bodies
- § 64 Provision of information
- § 65 Recording of information provided
- § 66 Administrative provisions
Part 7 - Final provisiions
Publisher
Authors
Dr. Martin Petrasch