Regulatory-fine provisions

(1) A person acts unlawfully who
1. demands, has promised, or accepts special advantages as consideration for not voting, or voting in a particular sense, at a vote at the general meeting or the representative meeting, or at the election of representatives, or
2. offers, promises, or grants special advantages as consideration for another not voting, or voting in a particular sense, at a vote at the general meeting or the representative meeting, or at the election of representatives.
(1a) A person acts unlawfully who, as a member of the supervisory board or as a member of an audit committee of a cooperative that is an undertaking of public interest within the meaning of section 316a, second sentence, no. 1 or 2 of the Commercial Code, fails to monitor the independence of the representatives and persons named in section 55(2), first sentence, in accordance with Article 5(4), first subparagraph, first sentence of Regulation (EU) No. 537/2014 of the European Parliament and of the Council of 16 April 2014 on specific requirements regarding statutory audit of public-interest entities and repealing Commission Decision 2005/909/EC (OJ L 158, 27.5.2014, p. 77, L 170, 11.6.2014, p. 66) in conjunction with section 55(2), fifth sentence, or in accordance with Article 6(2) of Regulation (EU) No. 537/2014 in conjunction with section 38(1a), fourth sentence.
(2) The regulatory offence may, in the cases of subsection (1a), be sanctioned with a fine of up to five hundred thousand euros, and, in the remaining cases, with a fine of up to ten thousand euros.
(3) The administrative authority within the meaning of section 36(1), no. 1 of the Act on Regulatory Offences is, in the cases of subsection (1a), at a cooperative that is an undertaking of public interest within the meaning of section 316a, second sentence, no. 2 of the Commercial Code, the Federal Financial Supervisory Authority, and, in the remaining cases of subsection (1a), the Federal Office of Justice.