APOS Legal represents companies on the separation and removal of managing directors (GmbH) and board members (AG) under German law — from a clean termination of the service contract via D&O coverage to the full executive separation agreement. The competent forum is typically the regional court (Landgericht) at the seat of the company, not the labour court — because board members and managing directors are not employees but corporate organs.
Specialist attorney Fatih Bektas spent more than 14 years as CEO, CFO and COO in FinTech and construction. Negotiations on executive separations therefore run from the perspective of corporate leadership — not only legally, but commercially and operationally.
Every executive separation is built from the same blocks — the craft lies in the sequencing, the interlocking and the negotiation lead.
Preparation and execution of the removal: shareholder / supervisory-board resolution, hearing, unwinding of the office, documentation.
Separation of corporate office and service contract — strategically distinct or jointly settled.
Notice, settlement or expiry of the service contract — with a clean cut-off against any continued-employment risk.
Review of minimum terms, run-out compensation and severance structure.
Review of policies for retroactive date, extended reporting, side-A cover and run-off options at separation.
Coordination with insurers and brokers, avoidance of coverage gaps for legacy facts.
Legally sound drafting of bonus, STI and LTI rules on early termination.
Tax-optimal severance structuring under the German one-fifth rule.
Post-contractual non-compete and customer-protection clauses that survive proportionality review.
Compensation payment (Karenzentschädigung) structured practically, or waived at separation.
Executive separation in one document: service contract, corporate office, compensation, D&O, non-compete, reference, PR language.
Negotiation lead opposite the executive’s counsel.
Managing directors of a GmbH and board members of an AG are not employees for the purposes of German labour law — they are corporate organs. Disputes arising from their service contract are therefore not heard before the labour court (Arbeitsgericht) but before the regional court (Landgericht), typically the chamber for commercial matters (Kammer für Handelssachen, § 95 (1) no. 4a GVG). The competent regional court is usually the one at the registered seat of the company.
Executive separations are often time-critical and always confidential. Book an online first-advice meeting or reach us directly by phone or email.
The content of this website informs generally about German employment law from an employer perspective and does not replace individual legal advice. A client relationship with APOS Legal Rechtsanwaltsgesellschaft mbH & Co. KG arises only upon written mandate.