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

Art. 681

II. Con­sequences of de­fault

1. By law and the art­icles of as­so­ci­ation

 

1 A share­hold­er who fails to pay in the is­sue amount for their share in good time is ob­liged to pay de­fault in­terest.

2 Fur­ther, the board466 of dir­ect­ors has the power to de­clare that the de­fault­ing share­hold­er has for­feited their rights in re­spect of the share sub­scrip­tion and any part pay­ments already made and that their shares are for­feited and to is­sue new ones in their place. Where the for­feited shares have already been is­sued and can­not be phys­ic­ally ob­tained, the de­clar­a­tion of for­feit­ure is pub­lished in the Swiss Of­fi­cial Gaz­ette of Com­merce and in the form provided for in the art­icles of as­so­ci­ation.

3 The art­icles of as­so­ci­ation may also provide that a share­hold­er in de­fault also be re­quired to pay a con­trac­tu­al pen­alty.

466 Term in ac­cord­ance with No II 3 of the FA of 4 Oct. 1991, in force since 1 Ju­ly 1992 (AS 1992 733; BBl 1983 II 745). This amend­ment has been taken in­to ac­count throughout the Code.

 

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