(1) Anyone will be liable to a term of imprisonment not exceeding three years or to payment of a fine who, as a member of the representative body of a legal entity involved in the transformation, as a shareholder or partner authorised to represent said legal entity, as a member of a supervisory board, or as the liquidator of a legal entity involved in the transformation, commits any of the acts set out below in the course of said transformation:
1. incorrectly represents the circumstances of the legal entity or conceals them, including its relations with affiliated enterprises, in a report provided for by this Act (merger report, division report, transfer report, report on the change of legal form), in presentations or summaries of the legal entity’s net asset position, in presentations to the assembly of the holders of shares, or in informational statements made to same, unless the deed is liable to punishment under section 331 no. 1 or no. 1a of the Commercial Code; or who
2. provides incorrect information, or incorrectly represents the circumstances of the legal entity or conceals them, including its relations with affiliated enterprises, in any clarification statement or documentary proof that is to be provided, according to the provisions of the present Act, to a merger auditor, an auditor responsible for reviewing the division, or an auditor responsible for reviewing the transfer.
(2) Likewise, anyone will be liable to punishment who, in the capacity of managing director of a limited liability company, member of the management board of a stock corporation, general partner authorised to represent a public partly limited partnership, or liquidator of such a company, provides incorrect information in a declaration under section 52 as to the consent by the holders of shares in this legal entity, or in a declaration under section 140 or section 146 (1) regarding the funds maintaining the nominal capital or the capital stock of the company being acquired, or who bases his or her declaration on such incorrect information.