(1) Where any person in a leading position within the meaning of Section 30(1) nos 1 to 5 of the German Administrative Offences Act committed an administrative offence pursuant to Section 81 by which the duties incumbent on the undertaking have been breached or the undertaking has gained or was to gain a profit, a fine may also be imposed on additional legal persons or associations of persons that constituted the undertaking at the time the administrative offence was committed and that directly or indirectly exercised decisive influence over the legal person or association of persons within which the person holding a leading position committed the administrative offence.
(2) In the event of a universal succession or a universal succession concerning parts of an undertaking by means of splitting up assets (Section 123(1) of the German Transformation Act [Umwandlungsgesetz]), the fine pursuant to subsection (1) may also be imposed on the legal successor(s). In the administrative fine proceedings, the legal successor(s) shall take up the procedural position in which the legal predecessor was at the time the legal succession became effective. Section 30(2a) sentence 2 of the German Administrative Offences Act shall not be applicable in this respect. Sentence 3 shall also be applicable to the legal succession pursuant to Section 30(2a) sentence 1 of the German Administrative Offences Act insofar as an administrative offence exists pursuant to Section 81.
(3) The fine pursuant to Section 30(1) and (2) of the German Administrative Offences Act and pursuant to subsection (1) may also be imposed on the legal persons or associations of persons which continue to operate the undertaking in economic continuity (economic succession). Subsection (2) sentence 2 shall apply mutatis mutandis to the proceedings.
(4) In the cases under subsections (1), (2) and (3) the maximum level of the fine and the limitation period shall be based on the law applicable to the administrative offence. The fine pursuant to subsection (1) may be set in a stand-alone proceeding.
(5) Where in the cases under subsections (1), (2) and (3) fines are imposed on several legal persons or associations of persons on account of the same administrative offence, the provisions on joint and several liability shall apply mutatis mutandis.