(1) A transaction may be contested which, in consideration of a partner’s claim to restitution of a loan replacing equity capital within the meaning of section 39 (1) no. 5 or in consideration of an equivalent claim,
1. provided a security if such transaction was made during the last ten years prior to the request to open insolvency proceedings or subsequent to such request; or
2. provided satisfaction if such transaction was made during the last year prior to the request to open insolvency proceedings or subsequent to such request.
(2) A transaction may be contested by means of which a company has provided satisfaction to a third party for a claim to restitution of a loan within the period referred to in subsection (1) no. 2 if a partner has provided security for the claim or was liable as guarantor; this applies analogously to benefits which correspond in economic terms to a loan.
(3) If a partner entrusted the debtor with an object for use or exercise, the right to separate satisfaction may not be claimed for the duration of the insolvency proceedings, at most, however, for a period of one year from the date when the insolvency proceedings are opened if the object is of considerable significance for the continued existence of the debtor’s enterprise. The partner is entitled to be recompensed for the use or exercise of the object; when calculating such compensation, the average paid in the last year prior to the opening of the proceedings is to be applied and if the period of surrender is shorter, the average during that period.
(4) Section 39 (4) and (5) applies accordingly.