von Göler (Hrsg.) / / § 73

§ 73 Twelve-month ban

(1) The distribution may not be effected before the company’s debts have been discharged or indemnified and not until the end of one year from that day on which the creditors were requested via the company’s designated publications to contact the company (section 6 (2)).

(2) If a known creditor does not contact the company, the amount owed shall be deposited for the creditor if such authorisation to deposit the amount exists. If it is not possible to adjust a liability at that time or a liability is contested, the assets may be distributed only if the creditor has been granted a security.

(3) Liquidators who contravene these provisions shall be obligated to jointly and severally compensate for the distributed amounts. The provisions set forth in section 43 (3) and (4) shall apply mutatis mutandis to any claim for compensation.

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