(1) The company’s claims to compensation arising from its formation against the persons obligated under sections 46 to 48 and section 53, or arising from the conduct of its affairs against the members of the management board and of the supervisory board, or arising from section 117, must be asserted if the general meeting so resolves by a simple majority of the votes cast. The claim to compensation as a rule is to be asserted within six months of the date of the general meeting.
(2) The general meeting may appoint special representatives for the purpose of asserting the claim to compensation. Upon the corresponding petition being filed by stockholders whose shares of stock, in the aggregate, are at least equivalent to one tenth of the capital stock or to a stake in same of 1 million euros, the court (section 14) is to appoint persons as representatives of the company for the purpose of asserting the claim to compensation other than the persons appointed as representatives of the company pursuant to sections 78 and 112 or pursuant to sentence 1 of this provision, if the court holds that this is suitable for the proper assertion of such claims. Where the court finds for the petitioner, the company will bear the court costs. A complaint may be lodged against the decision taken. The court-appointed representatives may demand reimbursement from the company for their reasonable cash expenditures and remuneration for their activities. The court establishes the expenditures and the remuneration. A complaint may be lodged against the decision taken; filing a complaint on points of law is precluded. Based on the decision taken, compulsory enforcement can be pursued in accordance with the Code of Civil Procedure.
(3) (repealed)
(4) (repealed)