In the event of the insolvency of a cooperative in which the members are personally liable or liable to make additional contributions, at the same time as they draw up the schedule of claims the insolvency administrators must determine and call in the provisional personal liability of each individual member or the additional contributions they must make.
Irrecoverable amounts must be spread equally among the other members, and surpluses repaid once the final distribution list has been drawn up. The members’ right of recourse against each other is reserved.
The provisional determination of members’ obligations and the distribution list are subject to challenge by appeal pursuant to the Debt Enforcement and Bankruptcy Act of 11 April 18891.
The procedure is determined by Federal Council ordinance.2
Amended by No II 10 of the FA of 20 March 2008 on the Formal Revision of Federal Legislation, in force since 1 Aug. 2008 (AS 2008 34373452;BBl 2007 6121). ↩
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