(1) As a rule, no persons are to participate in the meetings of the supervisory board and its committees if they are members neither of the supervisory board nor of the management board. Experts and persons delegated for purposes of furnishing information may be involved in the consultations on individual matters. If the statutory auditor is involved as an expert, then the management board will not participate in this meeting unless the supervisory board or the committee regard the management board’s participation to be necessary.
(2) Members of the supervisory board who are not members of a committee may participate in the committee’s meetings unless determined otherwise by the chairperson of the supervisory board.
(3) The by-laws may allow persons who are not members of the supervisory board to participate in the meetings of the supervisory board and its committees instead of those supervisory board members who are prevented from participating in them, provided the latter have granted authority to them in text form.
(4) Any statutory provisions in derogation herefrom remain unaffected.