(1) If, in the case governed by section 234, an increase of the capital stock is resolved upon concurrently with the capital reduction, then the capital increase as well may be itemised in the annual financial statements as having been completed. It is permissible to adopt the resolution only if the shares of a new issue have been subscribed, if no contributions in kind have been specified, and if that payment has been made towards each share that, pursuant to section 188 (2), must have been made at the time at which an application is filed to have registered the fact that the capital increase has been implemented. Proof of the subscription and of the payment is to be submitted to the notary recording the resolution adopted as to the increase of the capital stock.
(2) The entirety of all resolutions will be null and void unless the resolutions as to the capital reduction and the capital increase, as well as the implementation of the increase, have been entered in the Commercial Register within three months of their having been adopted. The period is tolled for as long as an action for avoidance or an action for annulment is pending. As a rule, the resolutions and the increase of the capital stock are to be entered in the Commercial Register only jointly.