von Göler (Hrsg.) / / § 82

§ 82 False representation

(1) Whoever makes false statements

  • 1.  in their capacity as shareholder or director for the purpose of making an entry concerning the company in respect of the subscription to shares, the payment of capital contributions, the use of amounts paid in, special benefits, expenses for formation and contributions in kind,
  • 2.  in their capacity as shareholder in the report on company formation on the basis of contributions in kind,
  • 3.  in their capacity as director for the purpose of entering an increase in the share capital by subscribing to or entering new capital or by means of contributions in kind,
  • 4.  in their capacity as director in the declaration prescribed in section 57i (1), second sentence, or
  • 5.  in their capacity as director of a limited liability company or as manager of a foreign legal entity in the assurance to be made in accordance with section 8 (3), first sentence, or section 39 (3), first sentence, or in their capacity as liquidator in the assurance to be made in accordance with section 67 (3), first sentence,

shall be liable to imprisonment for no more than three years or a fine.

(2) Whoever,

  • 1.  in their capacity as director, for the purpose of reducing the share capital makes a false assurance on the satisfaction or indemnification of the company’s creditors or
  • 2.  in their capacity as director, liquidator, member of the supervisory board or similar organ, in a public notification falsely represents or conceals the company’s assets, if the act is not threatened with punishment in section 331, no. 1 or no. 1a, of the Commercial Code,

shall be liable under the same terms.

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