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=S=> BGB 42. 1 An association is dissolved by the commencement of insolvency proceedings . If the proceedings are discontinued on the application of the debtor or terminated after the confirmation of an insolvency plan that provides for the association to continue in existence , the general meeting may pass a resolution that the association is to continue in existence . The articles of association may provide that , if insolvency proceedings are commenced , the association is to continue as an association without legal personality ; in this case too , if the requirements of sentence two above are satisfied , a resolution may be passed to continue the association as an association with legal personality .
=S=> BGB 42. 2 If an association is insolvent or is overindebted , the board must petition for the commencement of insolvency proceedings . If there is delay in petitioning , the members of the board who are at fault are responsible to the creditors for the damage resulting from this ; they are liable as joint and several debtors .
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