(1) Any legal transaction having as its object the payment of an advance or the granting of a loan or the provision of security by the company to some other party for purposes of purchasing shares of stock in this company is null and void. This does not apply to legal transactions entered into in the normal course of business of credit institutions, financial services providers or securities institutions, nor does it apply to the payment of an advance or the granting of a loan or the provision of security for purposes of a purchase of shares by company employees or employees of an enterprise affiliated with same; however, the legal transaction will be null and void in these cases as well if, at the time of the purchase, the company were unable to form reserves in the amount of the expenditures for the purchase without reducing the capital stock or any reserves that are to be formed under law or in accordance with the by-laws and that may not be used to make payment to the stockholders. Moreover, sentence 1 does not apply to legal transactions where a control agreement or profit and loss absorption agreement is in place (section 291).
(2) Furthermore, a legal transaction entered into by the company and some other party is null and void by which it is intended to entitle or obligate this party to purchase shares of stock in the company for the account of the company or for the account of a controlled enterprise or of an enterprise in which the company holds a majority of the ownership interest, insofar as the company would violate section 71 (1) or (2) by making this purchase.