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

¹ The fin­an­cial set­tle­ment be­comes due for pay­ment when the com­pany mem­bers leaves, provided the com­pany:

1.

has dis­pos­able equity cap­it­al;

2.

is able to dis­pose of the cap­it­al con­tri­bu­tions of the de­part­ing mem­ber;

3.

is en­titled to re­duce its nom­in­al cap­it­al in com­pli­ance with the rel­ev­ant pro­vi­sions.

² A li­censed audit ex­pert must es­tab­lish the ex­tent of the dis­pos­able equity cap­it­al. If this is in­suf­fi­cient to pay the fin­an­cial set­tle­ment, he must state his opin­ion on the ex­tent to which the nom­in­al cap­it­al could be re­duced.

³ The former com­pany mem­ber holds a non-in­terest-bear­ing sub­or­din­ate rank­ing claim in re­spect of any por­tion of the fin­an­cial set­tle­ment that is not paid out. This be­comes due for pay­ment to the ex­tent that dis­pos­able equity cap­it­al is de­clared to be avail­able in the an­nu­al re­port.

⁴ For as long as the fin­an­cial set­tle­ment has not been paid in full, the former com­pany mem­ber may re­quest that the com­pany ap­point an ex­tern­al aud­it­or and ar­range for an or­din­ary audit of the an­nu­al ac­counts.