[maemo-community] 2014-02-25 Meeting Minutes

[From: Gido Griese]

Am 01.03.2014 10:02, schrieb Niel Nielsen:
> Well, I am not so absolutely coninced about the liablity for Directors
> in EU...
> First of all, EU is kinda like The States.
> We have the regulations set by EU, which member states are supposed to
> coprehend to.
> But, there are individual governance in each member state (ie Germany,
> Denmark) which does differ on some areas.
> Therefore, it is not only EU regulations, but also Country
> regulations/laws that needs to be adressed.
> In Denmark, there indeed is liabilty for Directors, they could be
> jailed for serious issues. Same for Board directors.
>
> I really think this needs to be adressed and for sure is something to
> consider for anyone wanting to be Director/Founder.
>
> There is a study on this, located here.
> http://ec.europa.eu/internal_market/company/docs/board/2013-study-analysis_en.pdf
>
> /NielDK
>
> PS. I still will stand up :)

>From what I read, the mentioned study relates to commercial companys and
often refers to stock corporation law. This has to be distinguished from
associations that operate on a voluntary basis.
National law for sure is the first thing to look at and for an e.V in
germany, that's especially the "Bürgerliches Gesetzbuch" (BGB). The
relevant part is § 31a: http://dejure.org/gesetze/BGB/31a.html
This law basically limits liability for any *volunteers* that are
members or agents of *bodys* of the association to damage by gross
negligence and intent. If a negligence is gross or minor, is depending
on what a judge may think.

This includes inbound (towards members) and outbound (towards 3rd
parties) liability.
Towards 3rd parties, the association and its' directors are jointly and
severally liable.

For members holding positions in bodys, it is highly recommended to have
a personal liability insurance. But this is something you should have
anyway if you're leaving the house occasionally.

For the association, a similar liability insurance may be recommended,
which acts like a legal protection insurance. In addition or
alternatively, a "fiduciary malpractice insurance" may be considered.
But I doubt the costs would be justified with an estate like ours.

Regards

-- 
Win7Mac/Gido Griese