Representatives

Representatives in Europe

Special Provision for Organs and Representatives in Germany

Provisions relating to special provision for organs and representatives in the German Criminal Code [1]: This criminal issue is covered by Chapter Three Sanctionsunder the Seventh Title, Confiscation and Deprivation Orders,” located in Section 75 Special provision for organs and representatives, which reads: If a person commits an act in his capacity as an organ authorised to represent a legal entity or as a 1. member of such an organ; in his capacity as a director or member of board of directors of an association lacking independent legal capacity; 2. 3. as a partner authorised to represent a partnership with independent legal capacity; or as an authorised representative with full power of attorney or in a management position as general agent or authorised representative, with a commercial power of attorney, of a legal entity or association listed in Nos 2 or 3 above; or 4. as another person acting in a responsible capacity for the management of the business or enterprise of a legal entity or association listed in Nos 2 or 3 above, including the supervision of the management of the business, or other exercise of controlling powers in a senior management position, 5. which in relation to him and under the other conditions of sectionsection 74 to 74c and section 74f would allow the deprivation of an object or its surrogate value or justify the denial of compensation,his act shall be attributed and these provisions applied to the person or entity represented. Section 14 (3) shall apply mutatis mutandis.

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Notes

  1. The content of the translated German penal code in relation to special provision for organs and representatives is current as of 2010

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