Management board; supervisory board

(1) The cooperative must have a management board and a supervisory board. In the case of cooperatives with no more than 20 members, the statutes may dispense with a supervisory board. In that case the general meeting exercises the rights and duties of the supervisory board, insofar as this Act does not determine otherwise.
(2) The members of the management board and the supervisory board must be members of the cooperative and natural persons. Where registered cooperatives belong to the cooperative as members, their members may, provided they are natural persons, be appointed to the management board or supervisory board of the cooperative; where other legal persons or partnerships belong to the cooperative, this applies to the persons entitled to represent them.
(3) The management board of a cooperative subject to codetermination sets target figures for the proportion of women in the two management levels below the management board. The target figures must describe the intended proportion of women at the respective management level, and, where stated as a percentage, must correspond to whole numbers of persons. Where the management board sets the target figure of zero for one of the management levels, it must give clear and comprehensible reasons for this. The statement of reasons must set out in detail the considerations underlying the decision. Where the proportion of women is below 30 per cent when the target figures are set, the target figures may not fall below the proportion respectively attained. At the same time, periods for attaining the target figures are to be fixed. The periods may in each case not exceed five years.
(4) Where a supervisory board is appointed at a cooperative subject to codetermination, it sets target figures for the proportion of women on the supervisory board and on the management board. The target figures must describe the intended proportion of women on the respective body as a whole, and, where stated as a percentage, must correspond to whole numbers of persons. Where the supervisory board sets the target figure of zero for the supervisory board or the management board, it must give clear and comprehensible reasons for this. The statement of reasons must set out in detail the considerations underlying the decision. Where the proportion of women is below 30 per cent when the target figures are set, the target figures may not fall below the proportion respectively attained. At the same time, periods for attaining the target figures are to be fixed. The periods may in each case not exceed five years.