The composition agreement shall contain provisions on:
the waiver by the creditors of the amount of the claim not covered by the liquidation proceeds or by the proceeds from transferring the assets or the precise regulation of their right to make supplementary claims;
the appointment of the liquidators and the number of members of the creditors’ committee as well as the extent of their respective powers;
the method of liquidation, insofar as it is not regulated by law, as well as the method of and guarantee for implementing assignment, insofar as the assets are assigned to a third party;
the organs of publicity for creditors in addition to the official gazettes.1
1bis. The composition dividend may consist in whole or in part of shares or membership rights in the debtor or in a rescue company.2
Where the proceedings do not concern all the debtor’s assets, a precise distinction must be made in the composition agreement.
Footnotes
Amended by No I of the FA of 21 June 2013, in force since 1 Jan. 2014 (AS 2013 4111;BBl 2010 6455). ↩
Inserted by No I of the FA of 21 June 2013, in force since 1 Jan. 2014 (AS 2013 4111;BBl 2010 6455). ↩
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