(1) Where a contribution is rendered in kind, its object, the person from whom the company is acquiring such object and the nominal amount – in the case of no-par-value shares: the number – of the shares of stock to be allotted in the context of the contribution in kind must be specified in the resolution adopted as to the conditional capital increase. The exchange of bonds for shares of a new issue is not considered a contribution in kind. The resolution may be adopted only if the fact that contributions in kind are being made has been expressly published by due and proper notice.
(2) Section 27 (3) and (4) applies accordingly; in each case, the time at which the shares of a new issue are so issued takes the stead of the time at which the application for registration is filed pursuant to section 27 (3) sentence 3 and the time of the entry pursuant to section 27 (3) sentence 4.
(3) Subsections (1) and (2) do not apply to the contribution of monetary claims to which employees of the company are entitled based on a share in the profits granted to them by the company.
(4) In the case of a capital increase based on contributions in kind, an audit is to be performed by one or several auditors. Section 33 (3) to (5), sections 34 and 35 apply accordingly.
(5) Section 183a applies accordingly.