(1) A member of the supervisory board may not concurrently be a member of the management board, nor may they permanently be a deputy of members of the management board, an officer of the company vested with full commercial power of attorney (Prokurist) or an agent of the company empowered to bind the company in all aspects of its business (Handlungsbevollmächtigter).
(2) The supervisory board may appoint individual of its members as deputies of lacking management board members, or of management board members who are prevented from serving as such, but may do so solely for a period of time that has been limited in advance, and at a maximum for one year. A re-appointment or extension of the term of office is permissible if this does not result in the term of office exceeding a total duration of one year. During their term of office as deputies of management board members, the members of the supervisory board may not pursue any activities as a supervisory board member. The prohibition of competition set out in section 88 does not apply to them.