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

¹ In the event that the co­oper­at­ive be­comes in­solv­ent, the mem­bers of the board of dir­ect­ors are 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.

² Such re­im­burse­ment is ex­cluded to the ex­tent that no claim for it ex­ists un­der the pro­vi­sions gov­ern­ing un­just en­rich­ment.

³ The court de­cides at its dis­cre­tion, tak­ing due ac­count of all the cir­cum­stances.