(1) The acquiring legal entity is to distribute the assets between itself and any former member whose participation in the acquiring legal entity is deemed to not have been acquired under section 90 (2). The closing balance sheet of the cooperative society being acquired governs.
(2) This member may demand that the capital contribution thus far comprising their ownership interest in the cooperative society being acquired be disbursed to them; subject to the stipulations of section 73 (3) of the Trade & Industrial Cooperative Societies Act (Genossenschaftsgesetz – GenG), such member will not participate in the reserves and the other assets of the cooperative society being acquired even if, in the course of the merger, such reserves and other assets are attributed to the amounts of the capital contributions of other members who have not exercised their right of rejection.
(3) Where the amounts of the members’ capital contributions and the reserves itemised in the closing balance sheet of a cooperative society being acquired are not sufficient to cover a loss reported in said balance sheet, the acquiring legal entity may demand of the former member, whose participation is deemed to not have been acquired, that such member pay a pro-rated portion of the deficiency, if and insofar as this member were obligated to provide additional funding to the cooperative society being acquired were this cooperative society to become insolvent. Unless the by-laws of the cooperative society being acquired stipulate otherwise, the pro-rated portion of the deficiency is calculated based on the number of members that the cooperative society being acquired has.
(4) (repealed)