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Part 6 · Amendment of the by-laws. Measures serving the procurement of capital and the reduction of capital  ›  Division 3 · Measures serving the reduction of capital › Section 240

The amount obtained from the capital reduction is to be recognised separately in the profit and loss account as “revenue from capital reduction,” following the item “withdrawals from retained earnings.” An allocation to the capital reserve pursuant to section 229 (1) and section 232 is to be recognised separately as an “allocation to the capital reserve according to the provisions governing the simplified capital reduction.” An explanation is to be provided in the notes whether and, if so, in which amount the amounts obtained from the capital reduction and from reversing the retained earnings will be used:

1.  to offset impairments in value,

2.  to cover other losses or

3.  as allocations to the capital reserve.

Where the company is a small share capital company (section 267 (1) of the Commercial Code), it need not apply sentence 3.

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