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

¹ If the most re­cent an­nu­al ac­counts in­dic­ate that the as­sets less the li­ab­il­it­ies no longer cov­er half of the sum of the share cap­it­al, the statutory capital reserve not to be repaid to the shareholders and the statutory retained earnings, the board of directors shall take measures to rectify the loss of capital. It shall take, where necessary, further measures to restructure the company or shall request the general meeting to approve such measures if they fall within the competence of the general meeting.

² If the com­pany does not have an ex­tern­al aud­it­or, the most re­cent an­nu­al ac­counts must also un­der­go a lim­ited audit by a li­censed aud­it­or be­fore their ap­prov­al by the gen­er­al meet­ing. The board of directors shall appoint the licensed auditor.

³ The audit re­quire­ment in para­graph 2 does not ap­ply if the board of dir­ect­ors ap­plies for a debt re­struc­tur­ing morator­i­um.

⁴The board of directors and the external auditor or the licensed auditor shall act with the required urgency.