(1) Where a control agreement or a profit and loss absorption agreement exists, the other contracting party is to absorb any shortfall for the year that would otherwise accrue during the term of the agreement, unless the shortfall is offset by amounts withdrawn from the other retained earnings that have been allocated to same during the agreement’s term.
(2) Where a controlled company has leased the operation of its enterprise to the controlling enterprise or has otherwise surrendered it, the controlling enterprise is to absorb any shortfall for the year that would otherwise accrue during the term of the agreement insofar as the agreed counter-performance is not at least equivalent to the appropriate remuneration.
(3) The company may waive its claim to compensation, or conclude a compromise regarding this claim, only after three years have lapsed after the day on which notice of the entry of the agreement’s termination in the Commercial Register pursuant to section 10 of the Commercial Code has been given by publication. This will not apply if the party obligated to provide compensation is unable to pay their debts as they become due and concludes a compromise with their creditors in order to avert insolvency proceedings or if the duty to provide compensation is provided for by an insolvency plan or restructuring plan. The waiver or compromise enters into force only if the external stockholders grant their consent by a separate resolution and no minority, the aggregate of whose shares is at least equivalent to one tenth of the capital stock represented at the time such resolution is adopted, raises an objection and has it recorded in the minutes.
(4) The claims under the present provisions will become statute-barred 10 years following the day on which notice of the entry of the agreement’s termination in the Commercial Register pursuant to section 10 of the Commercial Code has been given by publication.