(1) As well as the creditors, any member of the representative entity or, in the case of a company without legal personality or of a partnership limited by shares, any general partner, and any liquidator are entitled to request the opening of insolvency proceedings for the assets owned by such legal entity or company without legal personality. In the absence of management of a legal entity, each shareholder, in the case of a public limited company or a cooperative also each member of the supervisory board, is entitled to file a request.
(2) If such request is not filed by all members of the board of directors, all the general partners, all the partners of a legal entity, all the members of the supervisory board, or all liquidators, it is admissible if the reason why insolvency proceedings should be opened is shown to the satisfaction of the court. In addition, if a request is filed by the partners of a legal entity or by the members of the supervisory board, the lack of management must also be shown to the satisfaction of the court. The insolvency court is required to hear the other members of the board of directors, general partners, partners of the legal entity, members of the supervisory board or liquidators.
(3) If, in the case of a company without legal personality, none of the general partners is a natural person, subsections (1) and (2) apply accordingly to the members of the board of directors, to the general partners and to the liquidators of the partners empowered to represent the company. The same applies if the grouping of companies continues in this way.