[eu]cite

Home› Commercial & Company Law› GenG (English)

Section 81

Dissolution on application of the supreme Land authority

(1) Where a cooperative, by unlawful conduct of its administrative organs, endangers the common good, and the general meeting and the supervisory board fail to provide for the removal of the administrative organs, or the purpose of the cooperative is, contrary to section 1, not directed at the promotion of the members, the cooperative may be dissolved by judgment on the application of the competent supreme Land authority in whose district the cooperative has its seat. Exclusively competent for the action is the regional court in whose district the cooperative has its seat.
(2) After the dissolution, liquidation takes place under sections 83 to 93. The application for the appointment or removal of liquidators may also be made by the authority named in subsection (1), first sentence.
(3) Where the action for dissolution has been brought, the court may, on application of the authority named in subsection (1), first sentence, take the necessary orders by interim injunction.
(4) The decisions of the court are to be notified to the registry court. The latter enters them in the register of cooperatives, insofar as legal relationships requiring registration are affected.

←→ also move between sections