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Part 2 · Power of direction as well as liability and responsibilities in the case of controlled enterprises  ›  Division 1 · Power of direction as well as liability and responsibilities in the case of a control agreement › Section 310

Liability and responsibilities of the officers of the company

(1) If the members of the management board and of the supervisory board of the company have acted in dereliction of their duties, they are liable as joint and several debtors in addition to the party obligated to provide compensation pursuant to section 309. Where it is in dispute whether or not they have exercised the due care of a prudent manager faithfully complying with the relevant duties, the onus of proof is upon them.

(2) The fact that the supervisory board has endorsed the action does not preclude the duty to provide compensation.

(3) No duty to provide compensation will be given for the officers of the company if the action causing the damage is based on a direction that was to be complied with pursuant to section 308 (2).

(4) Section 309 (3) to (5) is to be applied.

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