(1) The acquiring legal entity is under obligation to provide appropriate compensation if this is justified in light of the financial position and revenue situation of the mutual insurance company being acquired as given at the time the most senior representative committee adopts the resolution.
(2) It is to be stipulated in the resolution by which the transfer agreement is approved that, in distributing the compensation, each member is to be considered that has been a member of the mutual insurance company for a minimum of three months prior to the resolution being adopted. Furthermore, the resolution is to specify the measures according to which the compensation is to be distributed to the members.
(3) Each member entitled is to obtain compensation in an amount equal to that provided to the other members. Any other distribution may be stipulated only based on one or several of the following measures:
1. the amount insured,
2. the amount of the contributions,
3. the amount of the premium reserve made in the life insurance policy,
4. the measure determined in the by-laws of the mutual insurance company for the distribution of the surplus,
5. the measure determined in the by-laws of the mutual insurance company for the distribution of the assets,
6. the duration of the membership.
(4) Where, contrary to subsection (1), no compensation has been agreed, it is to be determined by the court upon a corresponding petition having been made; section 30 (1) and section 34 are to be applied accordingly.