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

¹ In the event of the in­solv­ency of a co­oper­at­ive in which the mem­bers are per­son­ally li­able or li­able to make ad­di­tion­al con­tri­bu­tions, at the same time as they draw up the sched­ule of claims the in­solv­ency ad­min­is­trat­ors must de­term­ine and call in the pro­vi­sion­al per­son­al li­ab­il­ity of each in­di­vidu­al mem­ber or the ad­di­tion­al con­tri­bu­tions they must make.

² Ir­re­cov­er­able amounts must be spread equally among the oth­er mem­bers, and sur­pluses re­paid once the fi­nal dis­tri­bu­tion plan has been for­mu­lated. The mem­bers’ right of re­course against each oth­er is re­served.

³ The pro­vi­sion­al de­term­in­a­tion of mem­bers’ ob­lig­a­tions and the dis­tri­bu­tion plan are sub­ject to chal­lenge by ap­peal on pro­ced­ur­al grounds pur­su­ant to the Debt En­force­ment and Bank­ruptcy Act of 11 April 1889⁷²⁴.

⁴ The pro­ced­ure is de­term­ined by Fed­er­al Coun­cil or­din­ance.⁷²⁵