(1) The by-laws must be established by way of being recorded by a notary. Authorised representatives may act only if they have a power of attorney certified by a notary.
(2) The deed is to set out the following particulars:
1. the founders;
2. for par-value shares: the nominal amount; for no-par-value shares: their number, the issue price and, if several classes of stock exist, the classes of the stock that each founder will acquire;
3. the amount of the capital stock that has been paid in.
(3) The by-laws must determine:
1. the company’s business name and its seat;
2. the purpose of the enterprise; specifically, industrial and trade enterprises are to provide details regarding the nature of the products and goods that it is intended to manufacture and trade;
3. the amount of the capital stock;
4. the division of the capital stock either into par-value shares or into no-par-value shares; for par-value shares, their nominal amounts and the number of the shares per nominal amount are to be cited; for no-par-value shares, their number; furthermore, if several classes of stock exist, the class of the stock and the number of shares of stock making up each class;
5. whether the shares of stock are issued as bearer shares or registered in the names of their holders;
6. the number of members the management board is to have, or the rules according to which this number will be established.
(4) Furthermore, the by-laws must include determinations as to the formal requirements applying to the company’s notices by publication.
(5) The by-laws may deviate from the provisions of the present Act only where this has been expressly permitted. Supplementing the by-laws by additional determinations is permissible unless the present Act provides conclusively for the matter.