(1) The company may not subscribe to its own shares of stock.
(2) A controlled enterprise may not acquire shares of stock in the controlling company, and an enterprise in which a majority ownership interest is held may not acquire shares of stock in the company holding such majority ownership interest, neither as founders nor as subscribers nor by way of exercising a right of exchange or pre-emptive right to newly issued shares of stock conferred in the context of a conditional capital increase. A violation of this provision will not render the acquisition ineffective.
(3) Anyone who has acquired, as a founder or as a subscriber or by way of exercising a right of exchange or pre-emptive right to newly issued shares of stock conferred in the context of a conditional capital increase, a share of stock for the account of the company or for the account of a controlled enterprise or of an enterprise in which a majority ownership interest is held, may not rely on the fact that they have not acquired such share of stock for their own account. They are liable for the contribution in its full amount, irrespective of any agreements with the company or the controlled enterprise or enterprise in which a majority ownership interest is held. Prior to their having acquired the share of stock for their own account, they will not be entitled to any rights attaching to the share of stock.
(4) Where shares of stock are subscribed to in the context of a capital increase such that subsection (1) or (2) is violated, each member of the company’s management board is liable for the contribution in its full amount. This does not apply if the member of the management board proves that there is no fault on their part.