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Part 4 · Constitution of the stock corporation  ›  Division 1 · Management board › Section 85

Appointment by the court

(1) Where the management board lacks a required member, the court is to appoint such member upon the corresponding petition by a party involved if the matter is urgent. A complaint may be lodged against the decision taken.

(1a) Section 76 (3a) likewise applies to the appointment by the court.

(2) The office of the court-appointed management board member will expire in any case once the deficiency has been remedied.

(3) The court-appointed management board member is entitled to reimbursement for their reasonable cash expenditures and to remuneration for their activities. Where the court-appointed management board member and the company do not come to an agreement, the court determines the expenditures and the remuneration. A complaint may be lodged against the decision taken; filing a complaint on points of law is precluded. Based on the decision taken, compulsory enforcement can be pursued in accordance with the Code of Civil Procedure.

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