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Art. 653c388
4. Protection of shareholders 1 If the shareholders are granted option rights in connection with contingent capital, the rules on the subscription right in the case of an ordinary capital increase applymutatis mutandis. 2 If bonds or similar debt instruments to which conversion or option rights attach are issued in connection with contingent capital, they must be offered first to the shareholders for subscription in proportion to the shareholders’ existing participations. 3 This priority subscription right may be restricted or cancelled if:
4 No one may gain an undue advantage or suffer an undue disadvantage as a result of the restriction or cancellation of the subscription right or the priority subscription right. 388 Inserted by No I of the FA of 4 Oct. 1991 (AS 1992 733; BBl 1983 II 745). Amended by No I of the FA of 19 June 2020 (Company Law), in force since 1 Jan. 2023 (AS 2020 4005; 2022 109; BBl 2017 399). |