Duty of the members of the supervisory board to exercise skill and care, liability and responsibilities

Section 93 applies accordingly to the duty of the members of the supervisory board to exercise skill and care as well as to their liability and responsibilities, to the exception of subsection (2) sentence 3 concerning the duty of the members of the management board to exercise skill and care as well as their liability and responsibilities, as does section 15b of the Insolvency Statute (Insolvenzordnung). In particular, the members of the supervisory board are under an obligation of secrecy regarding any confidential reports they may have received as well as regarding their confidential deliberations. More particularly, they are under obligation to provide compensation should they have established remuneration that is inappropriate (section 87 subsection (1)).