1 The articles of association must stipulate:
1.
the nominal amount of the contingent capital increase;
2.
the number, nominal value and type of shares;
3.
the beneficiaries of conversion or option rights;
4.
the cancellation of the subscription rights of existing shareholders;
5.
preferential rights attached to specific share classes;
6.
the restrictions on the transferability of newly registered shares.
2 Where the bonds or similar debt instruments to which the conversion or option rights attach are not offered first to the shareholders for subscription, the articles of association must also stipulate:
1.
the conditions on which the conversion or option rights may be exercised;
2.
the basis on which the issue amount is to be calculated.
3 Conversion or option rights granted before the provision of the articles of association concerning the contingent capital increase has been entered in the commercial register are void.
349Inserted by No I of the FA of 4 Oct. 1991, in force since 1 July 1992 (AS 1992 733; BBl 1983 II 745).