Corporate Governance
Companies not only face a growing number of legal obligations to achieve ESG goals. They increasingly have to ask themselves to what extent they want to or are allowed to promote sustainability aspects on a voluntary basis in order to optimise their market position.
A number of corporate law issues arise when determining and implementing ESG objectives in a company, for example:
- How can the principles of sustainable management be reconciled with the corporate purpose and become anchored in the company?
- How do I set ESG targets in the form of practical and customised guidelines and rules of procedure for the company and its corporate bodies?
- Which ESG objectives can and should be implemented and monitored by the management, supervisory board and other bodies? Which principles and best practice examples need to be observed?
- As a member of the management, supervisory board or other bodies, how do I protect myself against breaches of duty and cases of liability when implementing sustainability goals? How do I prioritise sustainability in business decisions (business judgement rule)? How do I document this?
- To what extent should ESG objectives be implemented in the remuneration of the management board, management and other bodies?
- How must or should ESG standards be observed when appointing persons to committees (in particular gender parity, cf. the German Management Positions Act I and II [Erstes/Zweites Führungspositionen-Gesetz])?
- What ESG reporting obligations must be observed, whether as part of voluntary certification or reporting standards or due to legal obligations (e.g. as part of the Corporate Sustainability Reporting Directive (CSRD))?
- For tax-privileged / non-profit companies: Which sustainability goals can be pursued without jeopardising tax concessions?
We provide companies with ongoing, comprehensive advice on all corporate ESG issues. We are happy to support you in defining and implementing your sustainability goals.
