Contribution; use agreement

(1) Payments made by shareholders on the obligation to contribute and on the obligation to pay a premium to the listing shell stock corporation must, to ensure the proper use of the payments, be held by a suitable trustee (subsection (2)) until the target transaction is completed.
(2) A suitable trustee is a notary, a credit institution within the meaning of section 1(1), first sentence of the Banking Act, or an undertaking active under section 53(1), first sentence or section 53b(1), first sentence or (7) of the Banking Act. A separate, appropriately interest-bearing account must be maintained for the payments made under subsection (1), which is withdrawn from the access of the management board or other bodies or representatives of the listing shell stock corporation and to which only the trustee has direct access. This does not apply to funds required for current administrative costs, the fulfilment of statutory requirements, and the preparation of the target transaction, up to a total amount of 5 per cent of the contribution obligations including premium. The safekeeping of payments made under subsection (1) by a notary takes place under the provisions of Division 6 of the Notarisation Act.
(3) By way of derogation from section 188(2), first sentence in conjunction with section 36(2) and section 37(1), first and second sentences of the Stock Corporation Act, a transfer of the contributions made by shareholders to the trustee named in subsection (1), or a direct payment into the trust account maintained by the trustee, is permissible.