(1) Where the by-laws specify, as the object of a contribution in kind or of an acquisition of assets, the contribution or acquisition of an enterprise or a part of an enterprise, the founders are to appoint only such number of members to the supervisory board that the general meeting is to elect following the contribution or acquisition, without being bound by nominations, and are to do so according to the statutory provisions that, in the founders’ view, govern the composition of the supervisory board. However, if that number is no more than two members of the supervisory board, the founders are to appoint three members of the supervisory board.
(2) Unless the by-laws stipulate otherwise, the supervisory board appointed in accordance with subsection (1) sentence 1 has a quorum if half of its members, at a minimum, however, three of its members, participate in the adoption of resolutions.
(3) Without undue delay following the contribution or acquisition of the enterprise or of the part of an enterprise, the management board is to give notice by publication of those statutory provisions that, in its view, are to govern the composition of the supervisory board. Sections 97 to 99 apply accordingly. The members of the supervisory board then in office will cease to so hold office only if the supervisory board is to be constituted according to other provisions than those the founders believed to govern, or if the founders appointed three members of the supervisory board, while the supervisory board in fact is to also comprise members of the supervisory board representing the employees.
(4) Subsection (3) does not apply if the enterprise or the part of an enterprise is contributed or acquired only after the management board has published the notice pursuant to section 30 (3) sentence 2.
(5) Section 30 (3) sentence 1 does not apply to members of the supervisory board representing the employees who are appointed pursuant to subsection (3).