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GenG (English) 🇩🇪

GenG-EN · 193 sections

Section 1Nature of the cooperative Section 2Liability for obligations Section 3Firm name of the cooperative Section 4Minimum number of members Section 5Form of the statutes Section 6Minimum content of the statutes Section 7Further mandatory content of the statutes Section 7aMultiple shares; contributions in kind Section 8Reservation to the statutes for individual provisions Section 8aMinimum capital Section 9Management board; supervisory board Section 10Register of cooperatives Section 11Application for registration of the cooperative Section 11aExamination by the court Section 12Publication of the statutes Section 13Legal status before registration Section 14Establishment of a branch office Section 14aSection 14a Section 15Acquisition of membership Section 15aContent of the declaration of accession Section 15bParticipation with further shares Section 16Alteration of the statutes Section 17Legal person; deemed trader Section 18Legal relationship between the cooperative and its members Section 19Distribution of profit and loss Section 20Exclusion of the distribution of profit Section 21Prohibition of interest on credit balances Section 21aExceptions to the prohibition of interest Section 21bMember loans Section 22Reduction of the share; prohibition of payment of the credit balance Section 22aObligation to make additional contributions Section 22bDivision of the share Section 23Liability of the members Section 24Management board Section 25Representation, signing by members of the management board Section 25aParticulars on business letters Section 26Power of representation of the management board Section 27Restriction of the power of representation Section 28Alteration of the management board and of the power of representation Section 29Publicity of the register of cooperatives Section 30List of members Section 31Inspection of the list of members Section 32Presentation of the list of members to the court Section 33Bookkeeping; annual financial statements and management report Section 34Duty of care and responsibility of members of the management board Section 35Deputies of members of the management board Section 36Supervisory board Section 37Incompatibility of offices Section 38Duties of the supervisory board Section 39Power of representation of the supervisory board Section 40Provisional removal of members of the management board Section 41Duty of care and responsibility of members of the supervisory board Section 42Commercial power of attorney; power of attorney Section 43General meeting; voting right of members Section 43aRepresentative meeting Section 43bForms of the general meeting Section 44Convening the general meeting Section 45Convening on demand of a minority Section 46Form and period of convening Section 47Minutes Section 48Competence of the general meeting Section 49Restrictions on credit Section 50Determination of the payments on the share Section 51Contestation of resolutions of the general meeting Section 52Section 52 Section 53Mandatory audit Section 53aSimplified audit; power to issue statutory instruments Section 54Mandatory membership of an auditing association Section 54aChange of auditing association Section 55Audit by the association Section 56Suspension of the association's right of audit Section 57Audit procedure Section 57aQuality assurance accompanying the audit Section 58Audit report Section 59Consideration by the general meeting Section 60Right of the auditing association to convene Section 61Remuneration of the auditing association Section 62Responsibility of the auditing bodies Section 63Competence for the conferral of the right of audit Section 63aConferral of the right of audit Section 63bLegal form, members and purpose of the auditing association Section 63cStatutes of the auditing association Section 63dSubmissions to the court Section 63eQuality control for auditing associations Section 63fAuditors for quality control Section 63gConduct of the quality control Section 63hInspections Section 64State supervision Section 64aWithdrawal of the right of audit Section 64bAppointment of an auditing association Section 64cAudit of dissolved cooperatives Section 65Notice of withdrawal by the member Section 66Notice of withdrawal by a creditor Section 66aNotice of withdrawal in insolvency proceedings Section 67Termination of membership on giving up domicile Section 67aExtraordinary right of withdrawal Section 67bNotice of withdrawal on individual shares Section 67cExclusion of notice of withdrawal at housing cooperatives Section 68Exclusion of a member Section 69Entry in the list of members Section 73Settlement with a withdrawn member Section 74Section 74 Section 75Continuance of membership on dissolution of the cooperative Section 76Transfer of the credit balance Section 77Death of the member Section 77aDissolution or extinction of a legal person or partnership Section 78Dissolution by resolution of the general meeting Section 79Dissolution by expiry of time Section 79aContinuation of the dissolved cooperative Section 80Dissolution by the court Section 81Dissolution on application of the supreme Land authority Section 81aDissolution on insolvency Section 82Registration of the dissolution Section 83Appointment and removal of the liquidators Section 84Application by liquidators Section 85Signing by the liquidators Section 86Publicity of the register of cooperatives Section 87Legal relationships during the liquidation stage Section 87aPayment obligations on over-indebtedness Section 87bProhibition of increasing the share or the liability sum Section 88Duties of the liquidators Section 88aAssignability of claims to outstanding payments and proportionate shortfalls Section 89Rights and duties of the liquidators Section 90Condition for distribution of assets Section 91Distribution of the assets Section 92Non-distributable net assets Section 93Retention of documents Section 94Action for a declaration of nullity Section 95Grounds of nullity; curing of defects Section 96Procedure on an action for nullity Section 97Effect of registration of the nullity Section 98Opening of insolvency proceedings Section 99Section 99 Section 100Section 100 Section 101Effect of the opening of insolvency proceedings Section 102Registration of the opening of insolvency proceedings Section 105Obligation of members to make additional contributions Section 106Advance-contribution calculation Section 107Judicial declaration on the advance-contribution calculation Section 108Date for declaration Section 108aAssignability of claims of the cooperative Section 109Collection of the advance contributions Section 110Deposit or investment of the advance contributions Section 111Action of contestation Section 112Procedure on the action of contestation Section 112aSettlement on additional contributions Section 113Supplementary calculation Section 114Additional-contribution calculation Section 115Supplementary distribution Section 115aInterim distribution of the additional contributions Section 115bObligation of withdrawn members to make additional contributions Section 115cObligation of withdrawn members to contribute Section 115dCollection and refund of additional contributions Section 115eSelf-administration Section 116Insolvency plan Section 117Continuation of the cooperative Section 118Notice of withdrawal on continuation of the cooperative Section 119Determination of the liability sum Section 120Reduction of the liability sum Section 121Liability sum in the case of several shares Section 146Section 146 Section 147False statements or incorrect representation Section 148Breach of duty on loss Section 149Section 149 Section 150Breach of the duty to report Section 151Breach of the duty of secrecy Section 151aBreach of duties in statutory audits Section 152Regulatory-fine provisions Section 153Notifications to the Auditor Oversight Body Section 154Section 154 Section 155Former registers in the accession territory Section 156Applicability of provisions on the commercial register; publication of registrations, register publications Section 157Applications to the register of cooperatives Section 158Substitute publication Section 159Section 159 Section 160Coercive-fine procedure Section 161Section 161 Section 162Transitional provision for housing undertakings Section 163Section 163 Section 164Transitional rule on the restriction of the audit of annual financial statements Section 165Section 165 Section 166Transitional rule on the Professional Supervision Reform Act Section 167Transitional provision on the Accounting Law Modernisation Act Section 168Transitional provision on the Act for the Equal Participation of Women and Men in Leadership Positions in the Private Sector and in the Public Service Section 169Transitional provision on the Audit Reform Act Section 170Transitional rule on the CSR Directive Implementation Act Section 171Transitional provision on the introduction of the simplified audit Section 172Transitional provision on the Act on the Further Implementation of the Transparency Directive Amending Directive with regard to a Uniform Electronic Format for Annual Financial Reports Section 173Transitional provision on the Act to Strengthen Financial Market Integrity Section 174Transitional provision on the Act Supplementing and Amending the Rules for the Equal Participation of Women in Leadership Positions in the Private Sector and in the Public Service Section 175Transitional provision on the Act Implementing the Digitalisation Directive Section 176Transitional provision on the Second Act Amending the DWD Act and Amending Commercial-Law Provisions Section 177Transitional provision on the Fourth Bureaucracy Relief Act

Section 5

Form of the statutes

The statutes of the cooperative require text form.

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EU legislation sourced from the Official Journal of the European Union via EUR-Lex; German federal statutes sourced from gesetze-im-internet.de (Bundesministerium der Justiz / Bundesamt für Justiz). eucite is an independent reference index, not an official publication of either — always confirm against the official source for legal purposes.

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