False statements or incorrect representation

(1) Whoever, as a member of the management board or as a liquidator, makes false statements or conceals material circumstances in a written assurance under section 79a(5), second sentence concerning the resolution on the continuation of the cooperative, is liable to imprisonment of up to three years or to a fine.
(2) The same penalty applies to whoever, as a member of the management board or the supervisory board or as a liquidator, 1. incorrectly represents or conceals the circumstances of the cooperative in representations or overviews of the state of assets, the members or the liability sums, in reports or information at the general meeting, where the act is not punishable under section 340m in conjunction with section 331, no. 1 or no. 1a of the Commercial Code, 2. makes false statements, or incorrectly represents or conceals the circumstances of the cooperative, in clarifications or evidence that must be given, under the provisions of this Act, to an auditor of the cooperative, where the act is not punishable under section 340m in conjunction with section 331, no. 4 of the Commercial Code.