Federal Act
on the Amendment of the Swiss Civil Code
(Part Five: The Code of Obligations)

¹ Where the gen­er­al meet­ing re­jects the mo­tion, share­hold­ers to­geth­er rep­res­ent­ing at least 10 per cent of the share cap­it­al or shares with a nom­in­al value of 2 mil­lion francs may ap­ply to the court with­in three months for the ap­point­ment of a spe­cial aud­it­or.

² The ap­plic­ants are en­titled to have a spe­cial aud­it­or ap­poin­ted where they make a prima facie case that the founder mem­bers or gov­ern­ing of­ficers have vi­ol­ated the law or the art­icles of as­so­ci­ation and thereby harmed the com­pany or the share­hold­ers.