Geschäftsleiter versus Gesellschafter unter dem StaRUG

<p>This thesis examines the duties of management and the position of shareholders in restructuring proceedings under the StaRUG. It shows that shareholders are regularly obliged to participate in decisions on the implementation of restructuring proceedings due to their fiduciary duties under company law. Based on a dogmatic analysis of the duties of management under restructuring law, the thesis also develops a modified formula for calculating the expected value of business decisions. This formula can reflect the legal standard of duty in the decision-making practice of management.</p>