Gastbeitrag: Die Cooling-off-Periode für den Aufsichtsrat gehört auf den Prüfstand
Gute Aufsichtsräte zu gewinnen, ist für die Konzerne sehr schwer geworden. Die Anforderungen heute sind mit denen des Jahres 2009 in keiner Weise mehr zu vergleichen, meint Christoph Zeiss.
2009 marked a pivotal year for Germany's economy as the nation underwent a significant overhaul of its corporate governance laws in the aftermath of the financial crisis. The central piece of legislation, Section 100 Paragraph 2 Number 4 AktG, also known as the Cooling-off-Period rule, was introduced to dramatically alter the practices in German listed companies.
This rule aimed to prevent departing board members from joining the supervisory board of the same corporation within a two-year period, with the exception of shareholders holding at least 25% of the voting rights. This change had far-reaching effects, particularly for Germany's financial sector, where companies were often closely interwoven in terms of personnel.
It was not uncommon for the former CEO to assume the role of supervisory board chairman after the expiration of their contract, although such a practice was not inherently detrimental, but rather a result of the complex interconnections within the corporate structure.
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