In the event that the cooperative becomes insolvent, the board is obliged to reimburse the cooperative's creditors for all payments received in the three years prior to the onset of insolvency in the form of shares in the profit or under any other designation to the extent such payments exceed adequate remuneration for the consideration rendered and should not have been made under a prudent accounting regime.
Such reimbursement shall be excluded to the extent that no claim for it exists under the provisions governing unjust enrichment.
The court shall decide at its discretion, taking due account of all the circumstances.
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