Published online by Cambridge University Press: 20 August 2021
The ongoing convergence of the various corporate governance systems in the world is reflected by the increasingly important institute of the independent director. Even legal systems, like Germany, which require a dualistic board structure and thus have no or less need for independent directors have introduced independent directors. The paper examines the approach taken in Delaware and Germany and compares them. The comparison shows that while the concept of the independent director is the same in both jurisdictions, it has been implemented rather differently. The legal comparison may, thus, provide suggestions for improving the determination of independence of directors.