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dangerous support of the employer

loan repayment of shareholder
manager

to yourself - Federal Supreme Court of 26.10.2009 - II ZR Az 222/08 4th May 2010

§ 43 para 2 GmbHG the GmbH is a claim for damages against the manager who authorized illegal payments to themselves. Order is an unwarranted payment is not when a single shareholder-GmbH and managing directors granted by him to repay loans the company itself. This is true even if the loan was not previously meet the contractual agreement terminated in due time. With the implementation of the payment order, the sole shareholder and managing director implied in respect of the notice period waived. The repayment in such cases is only permitted if they violate legal Rules for capital maintenance violation. BGH 26.10.2009
Reference: II ZR 222/08
Operation 2009, 2650
ZIP 2009, 2335