(1) Inter-company agreements furthermore are contracts by which a stock corporation or public partly limited partnership:
1. enters into obligation to combine its profits, or the profits of individual of its operations, as a whole or in part with the profits of other enterprises or with the profits of individual operations of other enterprises, for distribution of the pooled profits (profit pool),
2. enters into obligation to transfer part of its profits or the profits of individual of its operations, as a whole or in part, to some other party (agreement as to the partial absorption of profit and loss),
3. leases the operation of its enterprise to some other party or surrenders it in some other manner (company lease agreement, company surrender agreement).
(2) A profit-sharing contract with members of the management board and of the supervisory board or with individual employees of the company, as well as a profit-sharing arrangement in the context of contracts concluded as part of the ongoing pursuit of business or of license agreements, is not an agreement as to the partial absorption of profit and loss.
(3) A company lease agreement or company surrender agreement and the resolution by which the general meeting has consented to it will not be null and void by reason of the agreement violating sections 57, 58 and 60. Sentence 1 does not preclude an action for avoidance of the resolution being brought for such violation.