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

¹ Where the gen­er­al meet­ing re­jects the mo­tion, share­hold­ers may with­in three months re­quest the court to or­der the spe­cial in­vest­ig­a­tion, provided that to­geth­er they hold at least one of the fol­low­ing par­ti­cip­a­tions:

1.

in the case of com­pan­ies whose shares are lis­ted on a stock ex­change: 5 per cent of the share cap­it­al or of the votes;

2.

in the case of com­pan­ies whose shares are not lis­ted on a stock ex­change: 10 per cent of the share cap­it­al or of the votes.

² The re­quest to or­der a spe­cial in­vest­ig­a­tion may ex­tend to all is­sues that were the sub­ject of the re­quest for in­form­a­tion or to in­spect or that were ad­dressed in the de­bate on the mo­tion to con­duct a spe­cial in­vest­ig­a­tion at the gen­er­al meet­ing, provided their an­swer­ing is re­quired in or­der for share­hold­ers to ex­er­cise their rights.

³ The court shall order the special investigation if the applicantsmake a prima facie case that the founder mem­bers or cor­por­ate bod­ies have vi­ol­ated the law or the art­icles of as­so­ci­ation and the violation is likely to harm the company or the shareholders.