6. Risks and side effects
If there is a conviction for an insolvency offence, the remaining debt exemption may be denied (§§ 290, 297 InsO). In addition, a so-called ban on registering is imposed: anyone convicted of bankruptcy offences, among other things, can no longer be the managing director of a limited liability company in accordance with § 6 GmbHG. Additional professional law risks threaten in particular tax advisors and lawyers who participate in insolvency offences committed by their clients.
Offenders or participants in insolvency offences can also have drastic financial consequences. A managing director is personally liable for liabilities arising after the occurrence of a crisis situation under insolvency law (cf. § 64 GmbHG; § 823 Paragraph 2 BGB in conjunction with § 15a InsO). In addition, a managing director or board member is personally liable for taxes if he participates in the tax evasion of a company (§§ 69, 71 AO).
Under certain circumstances, asset levies may also be levied – for example, on consultancy fees – if they have been charged in connection with a criminal offence. The legal basis for such a confiscation of proceeds of crime (§§ 73 ff. StGB) was revised and significantly tightened in 2017.
Even “small” fines can also have unpleasant consequences in other areas of life. This applies even if no entry is made in the certificate of good conduct – which is the case when sentenced to a fine of more than 90 daily rates, provided it is the first entry. If the accused is the holder of a hunting licence or a pilot’s licence, for example, possible personal consequences must be kept in mind at an early stage.