(1) For associations that, by their constitution, have a sphere of activity narrowly limited by subject matter, locality, or the group of persons concerned (smaller associations), only sections 171 and 172, second sentence, section 173(1), section 174(1), sections 175, 176, and 177(1), sections 178 to 182 and 183(1), section 188(1), first sentence, sections 193, 194, and 195(1) to (3), sections 197, 198, and 199(1), (2), first sentence, and (3), and sections 200, 205, and 207 to 209 of the provisions of this Chapter apply. Insurance for a fixed charge, without the policyholder becoming a member, may not be written.
(2) Insofar as nothing else follows from subsection (1), only sections 24 to 53 of the Civil Code apply to the smaller associations. In the cases of sections 29 and 37(2) of the Civil Code, however, the supervisory authority takes the place of the local court. Where a supervisory board is to be appointed under the articles of association, section 34(1) and (2), first sentence, and (6), section 36(2) and (3), and sections 37 to 40 of the Cooperative Societies Act apply correspondingly to it.
(3) The supervisory authority may permit, for the authorisation to conduct business and the management of smaller associations, derogations from section 39(1) and from sections 125, 138, 141, 146, 147, 149, 152, and 156. Insofar as the derogations relate to management, they may be made conditional, in particular, on the business operation and financial position being examined by an expert at intervals of several years, at the association's expense, and the examination report being submitted to the supervisory authority.
(4) The supervisory authority decides whether an association is a smaller association.
Part 2 · Provisions for direct insurance and reinsurance › Chapter 4 · Mutual insurance associations › Section 210
Smaller associations
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