(1) The stockholders are to return to the company any performance they may have received from it in contravention of the provisions of the present Act. Where they have received amounts constituting a participation in the profits, this obligation will be incumbent on them only if they were aware, or negligently unaware, that they were not entitled to receive such performance.
(2) The company’s claim may also be asserted by the creditors of the company inasmuch as they are unable to obtain satisfaction from same. Where insolvency proceedings have been opened for the company’s assets, the insolvency administrator or the insolvency monitor will exercise the right of the company’s creditors against the stockholders for the duration of said proceedings.
(3) The claims governed by the present provisions will become statute-barred after 10 years have lapsed since receipt of the performance. Section 54 (4) sentence 2 applies accordingly.