(1) The members of the management board and of the supervisory board are to audit the process by which the company was formed.
(2) Moreover, an audit is to be performed by one or several auditors (formation auditors) where
1. a member of the management board or of the supervisory board is among the founders, or
2. shares of stock have been acquired at formation for the account of a member of the management board or of the supervisory board, or
3. any member of the management board or of the supervisory board have claimed a special benefit for themselves, or an indemnification or reward for the formation or the preparations for same, or
4. the formation involves contributions in kind or acquisitions of assets.
(3) In the cases governed by subsection (2) nos. 1 and 2, the officiating notary (section 23 (1) sentence 1) may take the stead, on the instructions of the founders, of a formation auditor in performing the audit; the provisions governing the formation audit apply accordingly. Where it is not the notary performing the audit, the court is to appoint the formation auditors. A complaint may be lodged against the decision taken.
(4) As a rule, solely the following are to be appointed as formation auditors where the audit does not require any other knowledge:
1. persons having sufficient prior training and experience in accounting;
2. auditing firms, provided that at least one of their legal representatives has sufficient prior training and experience in accounting.
(5) No-one may be appointed as formation auditor who is not eligible pursuant to section 143 (2) to serve as a special auditor. The same applies where the founders or persons for the account of whom the founders have acquired shares of stock are able to substantially influence how the persons or auditing firms conduct their business affairs.