(1) If someone acts
1. as an entity authorised to represent a legal person or as a member of such an entity,
2. as a partner authorised to represent a commercial partnership, or
3. as a statutory representative of another,
then a statute in accordance with which special personal attributes, relationships or circumstances (specific personal characteristics) form the basis of sanctioning also applies to the representative if these characteristics do not indeed pertain to him or her, but to the person represented.
(2) If the owner of a business or someone otherwise so authorised
1. commissions a person to manage a business, in whole or in part, or
2. expressly commissions a person to perform on his or her own responsibility duties which are incumbent on the owner of the business,
and if this person acts on the basis of this commission, then a statute in accordance with which specific personal characteristics form the basis of sanctioning also applies to the person commissioned if these characteristics do not indeed pertain to him or her, but to the owner of the business. Within the meaning of sentence 1, an enterprise is the equivalent of a business. If someone acts on the basis of a corresponding commission for an agency which performs duties of public administration, then sentence 1 applies accordingly.
(3) Subsections (1) and (2) also apply if the legal act which was intended to form the basis of the power of representation or the agency is void.