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Gläubigerschutz durch Berufsverbote für Geschäftsleiter - Eine rechtsvergleichende Untersuchung des englischen und deutschen Kapitalgesellschaftsrechts

This 400 page monograph reviews English and German disqualification laws, requiring analysis of an unusually broad range of legal disciplines (company, insolvency, criminal, administrative, human rights law). It is the first comprehensive analysis following major reforms in both jurisdictions (Companies Act 2006/MoMiG 2008). Besides historical, doctrinal and comparative analysis, it uses extensive archival material (complex numerical data from 1987-2006, extracted from hundreds of tables/ databases available from the Statistische Bundesamt, Insolvency Service, Companies House etc.), which has not previously been analysed in Germany. It offers a far-reaching critique of the deregulatory policy pursued by the MoMiG and radical reform proposals.

To increase the attractiveness of German companies for business start-ups, German legislation, the MoMiG 2008, has adopted the UK’s more relaxed approach to incorporation of private companies so that they are not subject to a minimum capital requirement. Under this model other mechanisms are sought to ensure creditor protection, such as directors’ disqualification. This monograph examines English experiences with directors' disqualification to provide a comparative analysis of the German law. It offers a critique of the deregulatory policy pursued by the MoMiG and makes radical proposals for further reform.