(1) The resolution as to the conditional capital increase requires a majority of at least three quarters of the capital stock represented at the time of its adoption. The by-laws may stipulate a greater majority ratio of capital and may impose further requirements. Section 182 (2) and section 187 (2) apply.
(2) The resolution must also establish the following:
1. the purpose pursued by the conditional capital increase;
2. the group of persons having subscription rights to the shares of a new issue;
3. the issue price or the basis on which this amount is calculated; in the case of a conditional capital increase performed for the purposes set out in section 192 (2) no. 1, it suffices if the resolution, or the resolution under section 221 that is tied thereto, specifies the minimum issue price or the basis for setting the issue price or the minimum issue price; as well as
4. in the case of resolutions pursuant to section 192 (2) no. 3, also the allocation of the pre-emptive right to newly issued shares of stock to members of the management bodies and employees, the performance targets, purchase and exercise periods and the waiting period until the subscription right first may be exercised (at a minimum four years).