Episode 5: New liability clauses in the General Terms and Conditions for auditors, tax advisors and lawyers
The liability clauses in General Terms and Conditions are important for all auditors, tax consultants and lawyers. The IDW has published new General Terms and Conditions as of 01.01.2024. The liability clauses have also been amended. What is new and what used to apply? Can I limit my liability effectively and with legal certainty?
Alexander Kirchner, lawyer, auditor and tax advisor at HLB Stückmann and BKS Rechtsanwälte and Felix Menze, expert for pecuniary loss liability insurance for WP, StB and RA (StBV) from the agency Menze & Menze discuss the legal situation and give tips and assessments for practice.
What does a liability clause do?
Liability towards clients can be limited with an effective liability clause. The auditor and tax advisor must observe the legal limits.
Can liability be limited by general terms and conditions of engagement?
Definitely yes! But General Terms and Conditions are subject to strict interpretation control. Caution and legal certainty are required here, otherwise there is a risk that the limitation of liability will be invalid and the insurance cover will often be too low.
Can the insurance cover also be adjusted for the past?
There are ways to protect yourself legally and economically - not only for your own peace of mind, but also for your clients.
