(1) Anyone is liable to a term of imprisonment not exceeding three years or to payment of a fine who, as a member of the management board or of the supervisory board or as a liquidator:
1. incorrectly represents or conceals the circumstances of the company including its relations with affiliated enterprises in the remuneration report drawn up under section 162 (1) or (2), in depictions or summaries of the company’s net asset position or in presentations to the general meeting or in informational statements to same, unless the deed is liable to punishment under section 331 no. 1 or no. 1a of the Commercial Code; or who
2. provides false information or incorrectly represents or conceals the circumstances of the company in any clarification statement or proof to be provided, according to the provisions of the present Act, to an auditor of the company or of an affiliated enterprise, unless the deed is liable to punishment under section 331 no. 4 of the Commercial Code.
(2) Likewise, anyone is liable to punishment who, as a founder or stockholder, provides false information or conceals significant circumstances in any clarification statements or proof to be provided to a formation auditor or any other auditor in accordance with the provisions of the present Act.