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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 .
BGB 53 Liquidators who commit breaches of their duties under section 42 ( 2 ) and sections 50 , 51 and 52 or who , before the satisfaction of the creditors , distribute assets to the persons entitled to receive are , if they are at fault , responsible to the creditors for the damage resulting from this ; they are liable as joint and several debtors .
BGB 54 Associations without legal personality are governed by the provisions on partnership . When a transaction is entered into with a third party in the name of such an association , the person acting is personally liable ; if more than one person acts , they are liable as joint and several debtors .
BGB 317. 2 If the specification is made by more than one third party , then in case of doubt , the agreement of all parties is necessary ; where an amount is to be specified and several amounts are specified , then in case of doubt , the average amount applies .