(1) The members of the supervisory board may be granted remuneration for their activities. This may be specified in the by-laws or granted by the general meeting. As a rule, the remuneration is to be appropriate in relation to the tasks of the members of the supervisory board and to the company’s economic situation.
(2) Solely the general meeting may grant remuneration to the members of the first supervisory board for their activities. The corresponding resolution may be adopted only in that general meeting that adopts resolutions regarding the approval of the actions taken by the members of the first supervisory board and the discharge to be granted to them.
(3) In the case of listed companies, the remuneration granted to the members of the supervisory board is to be resolved upon, at a minimum, every four years. It is permissible to adopt a resolution confirming the remuneration; in all other cases, subsection (1) sentence 2 applies. The resolution is to provide information on the matters governed by section 87a (1) sentence 2 in a clear and understandable form, or is to include same by reference. If the remuneration is established by the by-laws, then providing said information in the by-laws may be forgone. No avoidance may be sought regarding the resolution due to a violation of sentence 3. Section 120a (2) and (3) is to be applied accordingly.