Piercing the corporate veil: when your entire personal assets are suddenly at stake!

01 GmbH liability: your company faces insolvency or is already insolvent - your personal assets are now at risk!

Is your GmbH in a crisis that threatens its survival, or has it already filed for insolvency? You may now face personal claims for hundreds of thousands or even millions of euros.

Many directors and shareholders underestimate the limits of the GmbH’s liability protection. Insolvency administrators, banks, tax authorities and other creditors may, under certain conditions, pursue you personally.

Suddenly, the issue is no longer just saving your business - it is your home, savings, assets and entire financial future.

This is where we start: together with you, we develop a determined strategy to contest personal liability claims, reduce existing debts and open a route back to financial independence.

Even if your GmbH can no longer be saved, your personal financial future need not be lost.

EU insolvency may allow discharge after 12 months.

02 Breaches of directors’ duties - section 43 GmbHG: when the administrator suddenly demands payment from you personally!

For years you ran your business, employed staff and took responsibility. Now a single management decision is alleged to cost you personally hundreds of thousands or even millions of euros?

Under section 43 GmbHG, directors must exercise the care of a prudent businessperson. Culpable breaches of duty may give rise to personal damages claims by the company.

After insolvency, the administrator often examines earlier decisions, transactions and payments. Substantial claims against a former director may result.

Together with specialist lawyers, we develop a strategy to contest unjustified claims, limit liability risks and include existing personal debts in a comprehensive debt-relief solution.

Do not let a failed GmbH destroy your personal financial future as well.

03 Prohibited distributions to shareholders - sections 30 and 31 GmbHG: repayment of money you spent long ago!

You received payments as a shareholder - and years later the administrator demands the money back?

What appeared to be an ordinary distribution or business payment may become a substantial personal repayment claim after insolvency.

Under sections 30 and 31 GmbHG, assets required to maintain the registered share capital generally must not be paid to shareholders. Prohibited distributions may trigger reimbursement claims.

The actual financial position, timing, consideration and legal conditions of the payment matter. Directors and shareholders may be liable on different grounds.

But not every payment is prohibited and not every repayment demand must be accepted.

Our approach is to have repayment claims challenged legally, limit personal exposure and develop a viable strategy for debts that remain.

Your financial fresh start should not be defeated by repayment demands from the past.

04 Personal liability for tax debts - sections 34 and 69 AO: tax authorities suddenly pursue your assets!

The GmbH can no longer pay its taxes. Now the tax authorities pursue you personally - potentially for six-figure amounts.

For many directors, this is a shock. They assumed that the taxes would remain company debts. However, intentional or grossly negligent breaches of tax duties may create personal liability under sections 34 and 69 AO.

VAT, payroll tax and other tax arrears can impose substantial personal burdens.

But a GmbH’s tax arrears do not automatically make you personally liable.

Specific breaches of duty, the required degree of fault and the statutory connection to the tax loss must be established.

Together with tax professionals and specialist lawyers, we ensure that liability notices, responsibilities and defence options are thoroughly examined.

Our aim is to contest unjustified tax liability, reduce valid claims where possible and advance your personal debt relief.

05 Social-security contributions - section 266a StGB: when unpaid contributions become personal debts and criminal proceedings!

Your GmbH’s liquidity is exhausted, social-security contributions remain unpaid - and suddenly you personally face investigations and damages claims.

Unpaid employee social-security contributions may lead to criminal consequences under section 266a StGB and personal civil claims.

The situation becomes particularly serious when substantial contribution arrears, personal claims and criminal investigations arise together.

It is no longer just about the GmbH. Your personal assets, livelihood and potentially your liberty are at stake.

This calls for a coordinated strategy rather than disconnected individual measures.

We combine financial debt-relief planning with the work of specialist criminal defence lawyers and other responsible professionals.

06 Your own torts - sections 823 and 826 BGB: when creditors allege intentional harm!

The GmbH is insolvent - and creditors suddenly claim that you harmed them personally?

Tort allegations can have particularly serious consequences. A GmbH’s limited liability does not protect you against liability for your own unlawful conduct.

Depending on the facts, damages claims may arise under section 823 BGB or for intentional harm contrary to public policy under section 826 BGB.

Liability for destroying a company’s economic existence may also be relevant where shareholders abusively interfere with company assets under the applicable conditions. German case law generally treats this as internal liability to the company under section 826 BGB.

But an unsuccessful business decision is not automatically intentional harm.

With the appropriate lawyers, we develop a targeted response to unjustified damages claims while considering possible debt-relief routes.

Even substantial tort claims may justify examining new legal possibilities through international insolvency proceedings.

07 Fraud and personal damages liability - section 263 StGB: a fraud allegation can threaten your financial future!

A business partner has not been paid - and suddenly you are accused of fraud?

In business crises, failed transactions can lead to serious personal allegations.

Deliberately false statements when placing orders, obtaining loans or entering contracts may, where the statutory conditions are met, create criminal responsibility under section 263 StGB and personal damages liability.

In civil law, section 823(2) BGB together with section 263 StGB may be particularly relevant.

The actual statements, financial circumstances, intent and other statutory elements are decisive.

We coordinate your financial debt-relief strategy with specialist criminal defence lawyers and the appropriate legal professionals.

Our aim is to contest unjustified personal claims and enable a financial fresh start even in difficult liability situations.

08 Delayed filing and payments - sections 15a and 15b InsO: when a company crisis becomes a personal liability trap!

You tried to save your business, continued paying invoices and kept staff employed - and now the administrator demands reimbursement from you personally?

This situation can hit directors particularly hard.

Strict statutory duties apply once inability to pay or insolvency-law over-indebtedness has occurred.

Section 15a InsO requires an insolvency filing without culpable delay. The maximum periods are three weeks for inability to pay and six weeks for over-indebtedness. They are not automatic waiting periods.

Section 15b InsO also applies: payments after insolvency has occurred may trigger personal reimbursement claims under the statutory conditions.

Even ordinary payments to suppliers, landlords or employees can later become the subject of substantial personal claims.

In larger companies, six- or seven-figure claims may result.

Our strategy is clear: challenge liability claims, limit personal risks and pursue a debt-relief solution for liabilities that remain.

09 Guarantees - personal liability despite a GmbH: when the bank suddenly pursues your private assets!

Your GmbH is insolvent. The bank still wants repayment - now from you personally.

Personal guarantees are among the reasons business owners and shareholders can face substantial debts after company insolvency.

Under sections 765 et seq. BGB, a guarantee creates your own obligation to the creditor.

Banks, landlords, leasing companies and suppliers often obtain this additional security.

The bitter result can be that the business is gone but your personal debts remain.

However, signing a guarantee does not mean every claim is valid in full. Its terms, validity, scope and possible defences need examination.

Even where a guarantee is valid, a suitable personal insolvency procedure may offer a route to discharge.

We develop solutions to address your personal debt burden so that your GmbH’s insolvency does not permanently end your financial independence.

10 Contest personal liability - resolve remaining debts and make a financial fresh start!

Hundreds of thousands or even millions of euros in directors’ liability? Claims from the administrator? Tax debts, guarantees or tort-based damages?

You need not accept that company insolvency must also destroy your personal financial future.

Our approach combines two decisive steps:

First, challenge personal liability claims. Together with specialist lawyers and tax professionals, we develop defence strategies to contest unjustified claims and reduce existing exposure as far as legally possible.

Second, address the personal debts that remain. Where claims are legally valid, we develop an individual debt-relief strategy. Alongside settlements and German insolvency proceedings, EU insolvency in particular may open new possibilities.

Subject to the relevant conditions, certain European insolvency procedures may allow discharge after 12 months.

For directors’ liability, guarantees and certain tort claims, international debt-relief options merit examination.

Your actual personal and financial circumstances, international jurisdiction, centre of main interests (COMI), applicable law and discharge exceptions are decisive. We do not wait for problems to resolve themselves. Together with you, we develop a concrete route out of personal debt.

11 Act now - before administrators and creditors pursue your personal assets!

Do not wait until liability notices, lawsuits or enforcement increasingly restrict your financial freedom to act.

The earlier a coordinated strategy is developed, the better existing options can be used.

We assess your circumstances as a whole: piercing the corporate veil, directors’ and shareholders’ liability, guarantees, tax debts, tort claims and possible international insolvency proceedings.

Together with the appropriate legal and tax professionals, we develop concrete next steps to contest liability claims, reduce personal debts and prepare a financial fresh start.

Book your free initial consultation now.

Find out which options for contesting personal liability and obtaining debt relief may be suitable for you.

Ongoing appeal, insolvency-filing and other statutory deadlines must be met independently of any consultation appointment.

Secure your free initial consultation - challenge liability claims, leave debts behind and regain your financial independence.