Obligation of members to make additional contributions

(1) Insofar as the claims of the creditors of the estate, or the claims of the insolvency creditors taken into account in the final distribution under section 196 of the Insolvency Code, are not discharged out of the existing assets of the cooperative, the members are obliged to make additional contributions to the insolvency estate, unless the obligation to make additional contributions is excluded by the statutes. In the case of an insolvency plan confirmed with final and binding effect, the obligation to make additional contributions exists insofar as it is provided for in the constructive part of the plan.
(2) The additional contributions are to be made by the members by heads, unless the statutes determine another ratio of contribution.
(3) Contributions that individual members are not able to make are distributed among the remaining members.
(4) Payments that members make beyond the contributions owed by them under the foregoing provisions are to be refunded to them, after satisfaction of the creditors, out of the additional contributions. The same applies to payments of members under section 87a(2), after refund of the payments named in the first sentence.
(5) Against the additional contributions, the member may set off a claim against the cooperative, provided the conditions exist under which it would, as an insolvency creditor, be entitled to satisfaction of the claim out of the additional contributions.