Payment obligations on over-indebtedness

(1) Where it appears, on preparation of the opening balance sheet for liquidation, a later annual balance sheet, or an interim balance sheet, or where it must be assumed on a due exercise of discretion, that the assets, even taking into account payments due but outstanding, no longer cover the debts, the general meeting may resolve that the members who have not yet paid up their share in full are obliged to make further payments on the share, insofar as this is required to cover the shortfall. Deviating provisions of the statutes do not preclude the resolution of the general meeting.
(2) Where the further payments on the share do not suffice to cover the shortfall, the general meeting may resolve that the members are to make further payments, in the ratio of their shares, until the shortfall is covered. For cooperatives at which the members are not obliged to make additional contributions to the insolvency estate, this applies only where the statutes so determine. A member may be called on for further payments only up to the amount corresponding to the total amount of its shares. Subsection (1), second sentence applies correspondingly. In ascertaining the ratio of the shares and the total amount of the shares, the shares that a member has not yet subscribed, contrary to the provisions of the statutes on mandatory participation, are also counted as shares of that member.
(3) The resolutions require a majority comprising at least three-quarters of the votes cast. The statutes may determine a larger majority and further requirements.
(4) The resolutions may not be adopted where the assets, even taking into account the further payment obligations, no longer cover the debts.