Commentaries: Art. 653t

If a capital band is introduced, the articles of association must specify the following:
1. the lower and the upper limit of the capital band;
2. the date on which the board of directors’ authority to alter the share capital ends;
3. restrictions on and conditions and requirements for authorisation;
4. thenumber, nominal value and type of shares and the preferential rights of individual classes of sharesor participation certificates;
5. the nature and value of special privileges and the names of the beneficiaries;
6. restrictions on the transferability of newly registered shares;
7. any restriction or cancellation of the subscription right or the good cause for which the board of directors may restrict or cancel the subscription right, and the allocation of subscription rights that have not been exercised or have been withdrawn;
8. the requirements for exercising contractually acquired subscription rights;
9. the authorisation of the board of directors to increase the capital with contingent capital and the information specified in Article 653b ;
10. the authorisation of the board of directors to create participation capital.
On expiry of its authorisation, the board of directors shall cancel the provisions governing the capital band in the articles of association.