Women's Quota (Section 76 AktG / FüPoG II)
Gender quota for supervisory boards / management boards
Practitioner's note: This article is practice-oriented compliance documentation, not legal advice. We are a compliance specialist, not a law firm. For legally binding information please consult a licensed lawyer.
TL;DR
The women's quota comprises statutory minimum quotas for women on supervisory boards (AR) and management boards. Governed by Section 76 of the German Stock Corporation Act (AktG) (management board), Section 96 AktG (supervisory board) and FüPoG II.
What is the women's quota (Section 76 AktG / FüPoG II)?
Thresholds:
- 30% supervisory-board quota: listed and subject to parity co-determination
- Management board: at least 1 woman from 4 members upwards (FüPoG II 2021)
- Non-compliance: 'empty seat' rule
Practical example
A DAX company with a six-member management board must have at least 1 woman. Otherwise: the seat remains vacant until a woman is appointed.
Frequently asked questions
Does it apply to SMEs?
No, only to listed companies with co-determination. Voluntary for SMEs — but the EU Listed Companies Directive 2022/2381 expands the scope.
EU-wide obligation?
EU 2022/2381 as of 06/2026: 40% supervisory board / 33% overall for listed companies.