(1) Where the insolvency proceedings have been stayed on application of the debtor, or set aside after confirmation of an insolvency plan providing for the continued existence of the cooperative, the general meeting may resolve the continuation of the cooperative. Together with the resolution on the continuation of the cooperative, the determination required under section 6, no. 3 is to be resolved in the statutes as to whether the members are, in the event that the creditors are not satisfied in insolvency proceedings over the assets of the cooperative, to make additional contributions to the insolvency estate without limit, limited to a liability sum, or not at all.
(2) The resolutions under subsection (1) require a majority comprising at least three-quarters of the votes cast. The statutes may determine a larger majority and further requirements. The provisions of section 79a(2) to (4) apply.
(3) The continuation of the cooperative must, together with the resolution on the obligation of members to make additional contributions, be applied for by the management board without delay, for registration in the register of cooperatives.
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Section 117
Continuation of the cooperative
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