(1) Where the transfer of the shares of stock is bound to the company’s consent, the by-laws may impose on stockholders the obligation to perform on a recurrent basis, such performance not consisting of money, in addition to making contributions to the capital stock. In this context, the by-laws are to determine whether such performance is to be provided in return for monetary consideration or without such monetary consideration. The obligation to perform and its scope are to be set out in the share certificates and temporary share certificates.
(2) The by-laws may stipulate contractual penalties for any case of failure to comply with the obligation, or to properly comply with it.