Continuance of the obligation to provide additional funding

Where insolvency proceedings are opened against the assets of the company in its new legal form within two years of the date on which notice of its entry in the register has been given by publication, each member having obtained the legal status of a shareholder with limited liability, or of a stockholder, as a result of the change of legal form will be under obligation to provide additional funding, insofar as this is stipulated by the by-laws of the cooperative society changing its legal form (section 6 no. 3 of the Trade & Industrial Cooperative Societies Act), also in those cases in which the member has disposed of his or her business share or his or her shares of stock. Sections 105 to 115a of the Trade & Industrial Cooperative Societies Act are to be applied accordingly with the proviso that only such liabilities of the company are to be taken into account that were in existence already at the time the legal form was changed.