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Ordinance on Financial Market Infrastructures and Market Conduct in Securities and Derivatives Trading (Financial Market Infrastructure Ordinance, FinMIO)
Art.120Calculation of voting rights in the case of the cancellation of outstanding equity securities
(Art. 137 para. 1 FinMIA)
In order to determine whether the threshold of 98% in accordance with Article 137 paragraph 1 FinMIA has been exceeded or not, the following shares shall be taken into account in addition to the shares held directly:
a.
those with dormant voting rights;
b.
those held by the offeror indirectly or in concert with third parties at the time of the application for cancellation.