Zavarovanje odgovornosti članov organov vodenja in nadzora ter uvedba obvezne franšize

slovenian

2016

volume 42, issue 1

IUS SOFTWARE d.o.o.
(Obvezni izvod spletne publikacije)

The author discusses the implementation of the compulsory deductible under Article 263 of the Companies Act, liability insurance of members of management and supervisory bodies, or so called D&O insurance, and related issues. The amendment of the Companies Act, following the example of the German AktG, the mandatory deductible is implemented in the Slovenian legislation by the legislature with an intention of introducing additional control over the conduct of members of management and supervisory bodies, and more diligent performance of their duties and, consequently, a higher quality of corporate governance. Numerous theoretical and practical issues arise in regards to the implementation and enforcement of this peremptory provision on the mandatory deductible in practice. The problem in interpreting a deductible is also the unclear or insufficient legal text, which is transposed in incomplete form and with an unequal systematic placement into Slovenian legislation, into the Companies Act. As there is no case law as of yet, German insurance theory and practice could aid in the interpretation of contentious issues.

25.08.2021