The managing director of a GmbH or the board of directors of a stock corporation are generally liable with their entire private assets when filing for insolvency too late. It is imperative to analyze such risks for each individual case even in case the above-mentioned special measures of the BMJ really enter into force.
In addition, a late filing for insolvency also constitutes a criminal offense and the effects of these special measures on such bankruptcy offences (e.g. diversion of assets or the granting of preferential treatment to creditors). In any case, the announcements of the BMJ do not yet address this issue.