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

¹ The notes to the an­nu­al ac­counts sup­ple­ment and ex­plain the oth­er parts of the an­nu­al ac­counts. They con­tain:

1.

de­tails of the prin­ciples ap­plied in the an­nu­al ac­counts where these are not spe­cified by law;

2.

in­form­a­tion, break­downs and ex­plan­a­tions re­lat­ing to items on the bal­ance sheet and in the profit and loss ac­count;

3.

the total amount of re­place­ment re­serves used and the ad­di­tion­al hid­den re­serves, if this ex­ceeds the total amount of new re­serves of the same type where the res­ult achieved thereby is con­sid­er­ably more fa­vour­able;

4.

oth­er in­form­a­tion re­quired by law.

² The notes to the ac­counts must also in­clude the fol­low­ing in­form­a­tion, un­less it is already provided on the bal­ance sheet or in the profit and loss ac­count:

1.

the busi­ness name or name of the un­der­tak­ing as well as its leg­al form and re­gistered of­fice;

2.

a de­clar­a­tion as to wheth­er the num­ber of full-time po­s­i­tions on an­nu­al av­er­age is no more than 10, 50 or 250;

3.

the busi­ness name, leg­al form and re­gistered of­fice of un­der­tak­ings in which dir­ect or sub­stan­tial in­dir­ect share­hold­ings are held, stat­ing the share of the cap­it­al and votes held;

4.⁸⁰⁷

the num­ber of its own shares that the un­der­tak­ing it­self or the un­der­tak­ings that it con­trols hold (Art. 963);

5.

ac­quis­i­tions and sales of its own shares and the terms on which they were ac­quired or sold;

6.

the re­sid­ual amount of the li­ab­il­it­ies from sale-like leas­ing trans­ac­tions and oth­er leas­ing ob­lig­a­tions, un­less these ex­pire or may be ter­min­ated with­in twelve months of the bal­ance sheet date ex­piry or be ter­min­ated may;

7.

li­ab­il­it­ies vis-à-vis pen­sion schemes;

8.

the total amount of col­lat­er­al for third party li­ab­il­it­ies;

9.

the total amount of as­sets used to se­cure own li­ab­il­it­ies and as­sets un­der re­ser­va­tion of own­er­ship;

10.

leg­al or ac­tu­al ob­lig­a­tions for which a cash out­flow either ap­pears un­likely or is of an amount that can­not be re­li­ably es­tim­ated (con­tin­gent li­ab­il­it­ies);

11.

the num­ber and value of shares or op­tions on shares held by man­age­ment or ad­min­is­trat­ive bod­ies and by em­ploy­ees;

12.

ex­plan­a­tions of ex­cep­tion­al, non-re­cur­ring or pri­or-peri­od items in the profit and loss ac­count;

13.

sig­ni­fic­ant events oc­cur­ring after the bal­ance sheet date;

14.⁸⁰⁸

in the event of the ex­tern­al aud­it­or’s pre­ma­ture resig­na­tion or re­mov­al: the reas­ons there­for;

15.⁸⁰⁹

all the cap­it­al in­creases and cap­it­al re­duc­tions that the board of dir­ect­ors has made with­in a cap­it­al band.

³ Sole pro­pri­et­or­ships and part­ner­ships may dis­pense with notes to the ac­counts if they are not re­quired to file fin­an­cial re­ports un­der the reg­u­la­tions for lar­ger un­der­tak­ings. If ad­di­tion­al in­form­a­tion is re­quired in the reg­u­la­tions on the min­im­um struc­ture of the bal­ance sheet and profit and loss ac­count and the notes to the ac­counts are dis­pensed with, this in­form­a­tion must be shown dir­ectly on the bal­ance sheet or in the profit and loss ac­count.

⁴ Un­der­tak­ings with out­stand­ing deben­tures must provide in­form­a­tion on the amounts con­cerned, in­terest rates, ma­tur­ity dates and oth­er con­di­tions.