(1) If the debtor is a legal entity or a company without legal personality, the supervisory board, the shareholders’ meeting or comparable bodies have no influence on the debtor’s management. The withdrawal and appointment of new members of the management are effective only if the insolvency monitor consents thereto. That consent must be given if the measure does not place the creditors at a disadvantage.
(2) If the debtor is a legal entity, then the members of its representative body are liable in accordance with the provisions of sections 60 to 62. In the case of a company without legal personality, this applies to the partners who are authorised to represent the company. Where no partner authorised to represent the company is a natural person, this applies to the bodies representing the partner authorised to represent the company. Sentence 3 applies analogously if the representative bodies are companies without legal personality in which no natural person is authorised as representative body or if the grouping of companies continue in this way.
(3) Subsections (1) and (2) apply accordingly in the period between the ordering of provisional debtor-in-possession management or the ordering of provisional measures under section 270c (3) and the opening of proceedings.