(1) An increase of the capital stock in return for contributions may only be resolved upon by a majority amounting to at least three quarters of the capital stock represented at the time such resolution is adopted. The by-laws may stipulate a different majority ratio of capital, however, this may only be a greater majority ratio of capital should the matter involve the issuance of preferential stock without voting rights. The by-laws may impose further requirements. The capital increase may be performed only by issuing new shares of stock. In the case of companies with no-par-value shares, the number of the shares must increase in the same ratio as the capital stock increases.
(2) Where several classes of stock exist of shares with voting rights, the resolution adopted by the general meeting requires the consent of the stockholders of each class of stock in order to enter into force. The stockholders of each class of stock are to adopt a separate resolution regarding such consent. Subsection (1) applies to such separate resolution.
(3) Where it is intended to issue the new shares of stock at a price higher than the minimum issue price, the resolution regarding the increase of the capital stock is to specify the minimum price below which the shares are not to be issued.
(4) The capital stock as a rule is not to be increased for as long as outstanding contributions to the current capital stock can still be obtained. In the case of insurance companies, the by-laws may stipulate otherwise. Where the scope in which contributions are outstanding is relatively insignificant, this does not impede the increase of the capital stock.