Forms of the general meeting

(1) The general meeting must be held in one of the following forms: 1. as an in-person meeting at a place at which the members are jointly physically present, 2. as a virtual meeting without joint physical presence of the members at a place, 3. as a hybrid meeting at which the members may, at their choice, take part physically present at the place of the meeting or without physical presence at that place, 4. as a meeting in a staggered procedure, split into a) a discussion phase, held aa) as a virtual meeting, or bb) as a hybrid meeting, and b) a voting phase following at a later time.
(2) At an in-person meeting, resolutions of the members may also be adopted in writing or by way of electronic communication; subsection (6) applies correspondingly. The statutes may further provide that 1. in particular cases members of the supervisory board may take part in the general meeting by way of image and sound transmission, and 2. the general meeting may be transmitted in image and sound.
(3) At a virtual meeting, it must be ensured that 1. the entire course of the meeting is communicated in writing or by way of electronic communication to all participating members, and 2. all participating members can exercise their rights to speak, to move motions, to information and to vote in writing or by way of electronic communication. The statutes may govern the particulars of how the rights to speak, to move motions, to information and to vote may be exercised in writing or by way of electronic communication.
(4) At a hybrid meeting, it must be ensured that 1. the entire course of the meeting is communicated by way of electronic communication to all participating members, 2. the members taking part without physical presence at the place of the meeting can exercise their rights to speak, to move motions, to information and to vote by way of electronic communication, and 3. the management board and the supervisory board are represented by members physically present at the place of the meeting. The statutes may govern the particulars of how the rights to speak, to move motions, to information and to vote may be exercised by way of electronic communication.
(5) At a meeting in the staggered procedure, it must be ensured that 1. during a discussion phase held as a virtual meeting, subsection (3) is satisfied with the exception of the requirements for the exercise of voting rights, 2. during a discussion phase held as a hybrid meeting, subsection (4) is satisfied with the exception of the requirements for the exercise of voting rights, and 3. during the voting phase, all members can exercise their voting rights in writing or by way of electronic communication. The statutes may govern the particulars of how the voting rights under the first sentence, number 3 may be exercised.
(6) Subject to a provision of the statutes under the third sentence, the management board and the supervisory board decide jointly, at their due discretion, having regard to the interests of the members, on the form 1. of the meeting under subsection (1), and 2. of the discussion phase under subsection (1), number 4, letters a) and b), where a decision has been taken for a meeting in the staggered procedure. Where the cooperative has no supervisory board, the management board decides together with an authorised representative elected by the general meeting from its midst. Where the management board and the supervisory board, or the management board and the authorised representative under the second sentence, cannot agree on a form under the first sentence, or where a decision otherwise fails to come about for other reasons, an in-person meeting is to be held. The statutes may fix a form of meeting determined in subsection (1), or restrict the discretion of choice under the first sentence. The holding of an in-person meeting cannot be excluded under the fourth sentence.
(7) Members who have taken part in a meeting under subsection (1), numbers 2 to 4, in writing or by way of electronic communication, are deemed to have appeared.