Latest news
Resolutions of the General Meeting of 28 May 2024 (German)
Transition period for the conversion of bearer shares into registered shares expires on 1 November 2024
The five-year statutory period for converting bearer shares into registered shares by court order ended on 31 October 2024. Shareholders who have received a court order to this effect are requested to instruct their bank to deposit the registered shares in their share deposit account as soon as possible so that they can be entered in the share register.
If an affected shareholder has not received a court decision, the rights associated with the shares are definitively forfeited (Art. 622 para. 1bis CO and Art. 8 para. 1 of the transitional provisions for the amendment of 21 June 2019, CO (transitional provisions)). As this is a statutory deadline, it cannot be extended. The corresponding shares will automatically revert to the ownership of the company.
Shareholders whose shares have become void can assert a claim for compensation against the company within ten years (until 1 November 2034) by providing proof of their shareholder status at the time the shares became void and proof that they were not at fault for missing the deadline.
A shareholder is not at fault if he/she has neither wilfully nor negligently disregarded the reporting obligation. This is the case, for example, if he/she objectively had no possibility of becoming aware of the entry into force of the new regulations as he/she was living abroad at the time or was unaware of his/her position as a shareholder. This could be the case, for example, if the shares are part of an inheritance of which he/she only became aware after the deadline had expired.
The compensation corresponds to the actual value of the shares at the time of their conversion in accordance with Article 4 transitional provisions. If the actual value of the shares at the time the claim is asserted is lower than at the time of their conversion, the company shall owe this lower value.
If the shareholder status and/or the lack of culpability cannot be proven beyond doubt, a court must decide on the claim. In this case, the shareholder must assert his or her claims in ordinary proceedings. In principle, the court at the applicant's place of residence has jurisdiction.
Conversion decision at Harderbahn AG
The extraordinary general meeting of HB of 22 October 2020 has resolved to convert the former
1,400 bearer shares with a nominal value of CHF 5 (security 248.455)
into
1,400 registered shares with a nominal value of CHF 5 (security 57.473.315)
and
13,960 bearer shares with a nominal value of CHF 50 (security 248.457)
into
139,600 registered shares with a nominal value of CHF 5 (security 57.473.315)
.
The exchange ratio for the bearer shares with a nominal value of CHF 50 is 1:10.
The registered shares are confirmed as value rights and must be stored in a custody account at a bank. The printing and delivery of physical documents are excluded. The shareholders have the right, however, to demand from the company a confirmation of the number of shares registered in their name in the share register.