Collective safe custody, loss of unit certificates

(1) Registered unit certificates, and profit-share certificates not yet due that belong to the respective registered unit certificate, may be taken into collective safe custody within the meaning of the Safe Custody Act only where they are endorsed in blank. Bearer unit certificates, and profit-share certificates not yet due that belong to the respective bearer unit certificate, must be entrusted for collective safe custody to one of the following entities: 1. a securities clearing and deposit bank within the meaning of section 1(3), first sentence, of the Safe Custody Act, 2. an authorised central securities depository or a recognised third-country central securities depository under Regulation (EU) No 909/2014, or 3. another foreign custodian satisfying the requirements of section 5(4), first sentence, of the Safe Custody Act.
(2) Where a unit certificate has been lost or destroyed, the document may, unless the contrary is provided therein, be declared void by public notice procedure. Section 799(2) and section 800 of the Civil Code apply correspondingly. Where profit-share certificates have been issued to bearer, the claim arising under the profit-share certificates not yet due also lapses upon the declaration of voidness of the unit certificate.
(3) Where a unit certificate is no longer fit for circulation as a result of damage or disfigurement, the person entitled may, where the essential content and the distinguishing features of the document are still ascertainable with certainty, demand from the company the issue of a new document in exchange for surrender of the old one. He or she must bear and advance the costs.
(4) New profit-share certificates may not be issued to the holder of the renewal certificate where the holder of the unit certificate objects to the issue. In this case, the certificates must be delivered to the holder of the unit certificate upon presentation of the principal document.