Section 7 – Deficiency liability

(1) If the corporation ceases to exists after the announcement of the initiation of the sanction proceedings or if assets are transferred after this date with the consequence that an appropriate corporate fine pursuant to Section 8 no. 1 cannot be imposed on the corporation or its legal successor or cannot be expected to be fully enforced, a liability amount in the amount of the corporate fine may be determined against corporations which

1. at the time of the announcement of the initiation of the sanction proceedings, they formed an economic unit with the corporation concerned and directly or indirectly exercised a decisive influence on the corporation concerned or its legal successor, or

2. have taken over essential assets of the corporation concerned and essentially continued its activities (individual legal succession).

(2) Section 6 shall apply accordingly if a corporation, against which a liability amount can be determined according to (1), is subject to universal succession or partial universal succession. (1) no. 2 shall apply mutatis mutandis if an individual legal succession has occurred with regard to a corporation against which an amount of liability can be determined pursuant to (1).

(3) The statute of limitations begins as soon as the corporation ceases to exist or the asset transfer is completed. Otherwise, Sections 21 and 23 shall apply accordingly to the statute of limitations.

 

Section 6 shall apply accordingly if a corporation, against which a liability amount can be determined according to (1), is subject to universal succession or partial universal succession. (1) no. 2 shall apply mutatis mutandis if an individual legal succession has occurred with regard to a corporation against which an amount of liability can be determined pursuant to (1).