Universität Wien
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040480 UK Personal Liability of Administrative and Supervisory Bodies (2021W)

2.00 ECTS (1.00 SWS), SPL 4 - Wirtschaftswissenschaften
Continuous assessment of course work
REMOTE
Moodle

Registration/Deregistration

Note: The time of your registration within the registration period has no effect on the allocation of places (no first come, first served).

Details

max. 50 participants
Language: German

Lecturers

Classes (iCal) - next class is marked with N

The course takes place digitally synchronously. On the specified dates, video conferences will take place via Moodle, in which the material of the course will be worked out by the lecturer together with the students.
Attendance is compulsory for the units (see "Minimum requirements and assessment standards" below).
All information is subject to possible changes due to the pandemic.

  • Tuesday 09.11. 13:15 - 14:45 Digital
  • Tuesday 16.11. 13:15 - 14:45 Digital
  • Tuesday 23.11. 13:15 - 14:45 Digital
  • Tuesday 30.11. 13:15 - 14:45 Digital
  • Tuesday 07.12. 13:15 - 14:45 Digital
  • Tuesday 14.12. 13:15 - 14:45 Digital
  • Tuesday 11.01. 13:15 - 14:45 Digital
  • Tuesday 18.01. 13:15 - 14:45 Digital

Information

Aims, contents and method of the course

Content:
The course deals with the duties of managing directors, board members and supervisory board members and the question - which is becoming increasingly significant in practice - of when and to whom they become personally liable and under what conditions. Knowledge of corporate law is recommended as a prerequisite for this course. The legal situation according to the GmbHG, the AktG as well as in the case of insolvency and according to various special regulations (such as ASVG or BAO) will be discussed.

Objectives:
The students are to be given an overview of possible dangers of a position as a management body on the basis of real cases, in order to be able to recognize and avoid risk potentials of their own actions in practice later on. Practical contractual and insurance law situations will also be included.

Methods:
The course content is conveyed by means of lectures and case law of the OGH by the course instructor. The students prepare the Supreme Court decisions, which are then discussed in detail in the units. Documents will be made available for download on Moodle.

Assessment and permitted materials

The performance control/assessment is based on the participation in the units and the multiple choice tests on Moodle (10% = 4 points), as well as two online exams (45% each = 18 points each, duration of each exam: 45 minutes) in German at the end of the course. The exams will be in open-book format.

Exam dates:
11.01.2022, 13:15-14:45
18.01.2022, 13:15-14:45

At 21 points the course is positively completed.

Minimum requirements and assessment criteria

In the 1st unit attendance is compulsory without exception. Students who do not show up will be deregistered from the course, unless there is an important provable reason for their absence. (Apology and proof before the 1st unit to Mr. Secklehner; jakob.secklehner@univie.ac.at).

The performance control/assessment is based on oral participation (10% = 4 points) in the course, as well as two online exams (45% each = 18 points each, duration of each exam: 45 minutes) in German at the end of the course. At 21 points the course is positively completed. The exams are in open-book format.

Grade key: from 21 points - sufficient, from 26 points - satisfactory, from 31 points - good, from 36 points - very good.

Examination topics

Course slides

Reading list

Reich-Rohrwig, GmbH-Recht I², Rz 2/306 bis 2/598;
Ratka-Rauter, Handbuch
Geschäftführerhaftung²;
Koppensteiner/Rüffler, GmbHG³, §§ 25, 30j und 33;
Jabornegg-Strasser, AktG, 5. Auflage, §§ 77-84, Rz 95-135 und §§ 98,99, Rz
32-46; Doralt-Nowotny-Kalss, Kommentar zum Aktiengesetz², §§ 84 und 99
Mader, Kapitalgesellschaften (10. Auflage)
Literature for in-depth study: Kalss/Kunz, Handbuch für den Aufsichtsrat; Kalss/Frotz/Schörghofer Handbuch für den Vorstand

Association in the course directory

Last modified: Fr 12.05.2023 00:12