(1) The following claims are satisfied ranking below the other claims of insolvency creditors in the order given below and according to the proportion of their amounts if ranking with equal status:
1. the interest and penalties for late payment accruing on the claims of the insolvency creditors from the opening of the insolvency proceedings;
2. the costs incurred by individual insolvency creditors due to their participation in the proceedings;
3. fines, regulatory fines, coercive fines and coercive penalty payments, as well as such incidental legal consequences of a criminal or regulatory offence binding the debtor to pay money;
4. claims to the debtor’s gratuitous performance of a consideration;
5. in accordance with subsections (4) and (5), claims for restitution of a loan replacing equity capital or claims resulting from legal transactions corresponding in economic terms to such a loan.
Sentence 1 no. 5 does not apply where a state development bank or one of its subsidiaries grants a loan to an enterprise in which that state development bank or one of its subsidiaries has a participating interest or has effected another legal act which corresponds, in economic terms, to the granting of a loan.
(2) Claims which the creditor and the debtor agreed to be non-privileged in insolvency proceedings are satisfied after the claims referred to in subsection (1) if the agreement does not provide otherwise.
(3) Interest accruing on the claims of non-privileged insolvency creditors and the costs incurred by such creditors on account of their participation in the proceedings rank with equal status as the claims of such creditors.
(4) Subsection (1) no. 5 applies to companies which neither have a natural person nor a company as general partner in which a general partner is a natural person. If, in the case of the company’s impending or existing insolvency or its overindebtedness, a creditor acquires shares for the purpose of the company’s rehabilitation, then until the company has been rehabilitated to become sustainable this does not lead to the application of subsection (1) no. 5 to the creditor’s claims from existing or newly granted loans or to claims from legal transactions which correspond in economic terms to such a loan.
(5) Subsection (1) no. 5 does not apply to the non-managing partner of a company within the meaning of subsection (4) sentence 1 who holds 10 per cent or less of the liable equity capital.