(1) Where the by-laws do not make any provisions governing the amount of the capital stock or the purpose of the enterprise, or where the provisions made in the by-laws regarding the purpose of the enterprise are null and void, each stockholder and each member of the management board and of the supervisory board may file an action to have the nullity of the company declared. The action may not be based on other grounds.
(2) Where it is possible to remedy the deficiency pursuant to section 276, the action may be filed only once a person entitled to bring an action has called on the company to remedy the deficiency and the company has failed to comply with this call within a period of three months.
(3) The action must be brought within three years following entry in the register of the company. Striking the company from the register ex officio pursuant to section 397 (1) of the Act on Proceedings in Family Matters and in Matters of Non-contentious Jurisdiction is not precluded by the lapse of time.
(4) Section 246 (2) to (4), sections 247 and 248 (1) sentence 1 and sections 248a and 249 (2) apply accordingly to the action for avoidance. The management board is to file with the Commercial Register a certified copy of the writ of complaint as well as the final and binding judgment. An entry is to be made of the company’s nullity by reason of a final and binding judgment.