Topics

Management and representation

Clarify responsibilities, consent matters and representation.

What matters legally

Management and representation define who runs the GmbH day to day and binds it externally. The articles should say what managing directors may decide alone and when shareholder consent is required.

Which clauses must be read together

Vague consent catalogues either block the business or give management too much freedom. Sole representation, joint representation, self-dealing and dismissal should match the risk profile.

What to prepare

Before amendment, collect the organisation chart, allocation of responsibilities, bank authorities, service agreements and past decision paths. Practical workflows can then be translated into clear legal rules.

Review checkpoints

Compare sole or joint representation with the register status.
Limit consent matters by value and subject.
Set clear rules for appointment and dismissal of managing directors.
Review loans, guarantees and major investments separately.

Frequently asked questions

Must every consent matter be in the articles?

Not always. Some issues may sit in rules of procedure or resolutions. What matters is clear competence and legal effect.

What matters with several managing directors?

Representation authority, allocation of departments and escalation in case of disagreement should be clear.

This information is initial orientation and does not replace legal advice for an individual case.