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

¹ In com­pan­ies whose shares are lis­ted on a stock ex­change, the gen­er­al meet­ing shall ap­point the in­de­pend­ent vot­ing rep­res­ent­at­ive. Their term of of­fice ends with at the end of the next or­din­ary gen­er­al meet­ing. Re­appoint­ment is pos­sible.

² The gen­er­al meet­ing may re­move the in­de­pend­ent vot­ing rep­res­ent­at­ive at the end of the gen­er­al meet­ing.

³ If the gen­er­al meet­ing has not ap­poin­ted an in­de­pend­ent vot­ing rep­res­ent­at­ive, the board of dir­ect­ors shall ap­point one for the next gen­er­al meet­ing. The art­icles of as­so­ci­ation may have dif­fer­ent rules to solve this or­gan­isa­tion­al de­fi­ciency.

⁴ The board of dir­ect­ors shall en­sure that the share­hold­ers are able in par­tic­u­lar to:

1.

is­sue the in­de­pend­ent vot­ing rep­res­ent­at­ive with in­struc­tions on any mo­tion re­lat­ing to items on the agenda tabled in the no­tice con­ven­ing the meet­ing;

2.

is­sue the in­de­pend­ent vot­ing rep­res­ent­at­ive with gen­er­al in­struc­tions on un­an­nounced mo­tions re­lat­ing to items on the agenda and on new items on the agenda in ac­cord­ance with Art­icle 704b.

⁵ The in­de­pend­ent vot­ing rep­res­ent­at­ive shall treat the in­struc­tions from in­di­vidu­al share­hold­ers as con­fid­en­tial un­til the gen­er­al meet­ing. They may provide the com­pany with gen­er­al in­form­a­tion on the in­struc­tions re­ceived. They shall not provide the in­form­a­tion earli­er than three work­ing days be­fore the gen­er­al meet­ing and must de­clare to the gen­er­al meet­ing what in­form­a­tion they have provided to the com­pany.

⁶ Au­thor­isa­tion for rep­res­ent­a­tion and in­struc­tions may only be is­sued for the forth­com­ing gen­er­al meet­ing. They may also be is­sued elec­tron­ic­ally.