In a new decision, the Supreme Court stated that whenever there is insufficient equity capital, the managing director of an investment services company must ensure that appropriate professional liability insurance is taken out, otherwise he can be held personally liable according to the general principles of tort law .

 

Based on these new decision It can be assumed that the managing director can also be held personally liable in other professional sectors if the company does not have sufficient equity capital and no professional liability insurance has been taken out.

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