Die mitgliedschaftliche Treuepflicht in der Familiengesellschaft

In his doctoral thesis, *The Duty of Loyalty Among Members in Family-Owned Companies*, Nick Niemeier analyses the specific nature of the duty of loyalty in family-owned companies. Despite the high social standing of family businesses, their structural peculiarities are often overlooked in legal scholarship. Niemeier therefore examines how the effect and scope of the duty of loyalty of members vary depending on the specific characteristics of the family business.

The central finding of this study is that the cross-generational corporate purpose acts as a defining factor influencing the duty of loyalty. Particularly in small, wholly family-owned companies, this gives rise to a strengthened duty of loyalty that goes beyond the general standards of loyalty requirements under company law. Niemeier demonstrates that this results in a distinct concept of loyalty, which should be specifically taken into account in the articles of association.

Drawing on typical case groups, the thesis develops practice-oriented guidelines, to realistically assess the modified effects of the duty of loyalty and to take these into account within the framework of the social contract. In doing so, the work makes a significant contribution to the legal foundation of the governance of family-owned companies and bridges a gap at the interface between company law and the practice of family business management.

The WIFU Foundation has supported the doctoral thesis with a grant towards printing costs.