Risk management systems

The Act on Control and Transparency of Enterprises (Gesetz zur Kontrolle und Transparenz im Unternehmensbereich = KonTraG) has led to decisive changes in the statutory provisions for the management and for the preparation of the annual financial statements of incorporated firms.

The background to the amendments to the legislation was

  • the numerous company crises over the last few years
  • as well as the increasing internationalisation of the capital markets.

Under the pressure of the requirement of international comparability, extended duties to disclose information and stricter control possibilities were demanded for Germany.

With the KonTraG, a new legal basis has been created for balanced consideration of the interests of the equity holders and the financing institutions. Managing boards and managing directors of incorporated firms are now obliged to put in place a risk management system and an internal auditing department [Art. 91, paragraph 2, German Stock Corporation Act (AktG)].

Although the statutory ruling has been embedded only in the Stock Corporation Act, the regulations also apply - depending on the size of company - to other legal forms of commercial entities, i.e. medium-sized and large GmbHs (limited liability companies) and unincorporated firms.

Implementation

The implementation of a risk management system serves the purpose of

  • complying with statutory regulations (minimisation of potential liability risks for the management of a company)
  • general securitisation of the company's future
  • optimal identification and utilisation of strengths and opportunities
  • best possible control and overcoming of strategic and operating weaknesses and risks
  • optimisation of risk control and laying of a foundation for value enhancement-orientated corporate management

CVM Capital Value Management Consult GmbH supports the client with the development and set-up of risk management considering the particular requirements of the company, the law and of the statutory auditor.

In this context we direct our attention mainly to the individual arrangements depending on the size and type of company, the industry sector and the specific company organisation structure.

We provide you with effective support from the determination of the risk indicators relevant to the company up to the development and integration of suitable risk management measures.