Die Geschäftsleiterkontrolle im Versicherungsaufsichtsrecht

The material risks, which can derive from insurance companies, legitimate the severe limitation of the insurance company manager’s constitutional right of the freedom of work. The reliability in insurance company managers is basically assumed. It can regularly only dispensed with a qualified infringement of law, not by a decline in moral standards. In this context the eligibility of infringements has to be detected by a valuation. Therefore the criteria besides the whole purpose of the German Insurance Supervision Act (VAG) are met in: The gravity of the offence, the reference to the occupation, frequency, the future comportment as well as the time lapse. Business judgements are categoricaly not approachable to the supervision of reliability.