(4) If, upon economic consideration and on the basis of an agreement reached in connection with the taking over of a contribution in cash, a contribution in cash made by a shareholder is to be regarded either fully or partly as a contribution in kind (hidden contribution in kind), this does not exempt the shareholder from the obligation to pay a capital contribution. However, the agreements concerning the contribution in kind and the legal acts performed to execute them shall not be ineffective. The value of the asset at the point in time at which the company files the application for entry in the commercial register or the point in time of its assignment to the company, if this is a later point in time, shall be credited against the shareholder’s continuing obligation to pay a contribution in cash. The crediting shall not be effected before the company is entered in the commercial register. The burden of proof regarding the intrinsic value of the assets shall be on the shareholder.