(1) Where the person liable is a legal entity or a commercial partnership, it will not be entitled to the benefit of the limitation of liability if both of the following apply:
1. the damage is attributable to an act or omission by a member of the body authorised to represent such entity or partnership, or by a shareholder authorised to represent it, and
2. the limitation of liability pursuant to Article 4 of the Convention on Limitation of Liability for Maritime Claims (section 611 (1) sentence 1) or pursuant to Article V (2) of the International Convention on Civil Liability for Oil Pollution Damage, 1992 (section 611 (2)) is ruled out as a result of such act or omission.
The same applies if the debtor is a partner of a Reederei and the damage is attributable to an act or omission of the correspondent ship-owner manager representing the other ship owners.
(2) Where the person liable is a commercial partnership, each shareholder may limit their personal liability with regard to any claim for which the partnership is also entitled to limit its liability.