According to this law, organisers (usually the competent bodies of a legal entity) of meetings of companies required by law or by the articles of association can take measures to ensure that participants can exercise their rights in compliance with the FOPH's regulations on hygiene and social distance. To this end, they may order, contrary to the relevant legal requirements, that the exercise of rights may only be carried out in writing or in electronic form or through an independent proxy appointed by the organiser.

Based on Art. 6a para. 2 of COVID-19 Regulation 2 (of 16 March 2020), the Company, as the organiser of a General Meeting, is therefore entitled to hold the General Meeting electronically. To this end, participants must be informed in writing of the measures referred to in paragraph 2 at least four days before the meeting is held, so that they are aware of the formalities and can make appropriate preparations to safeguard their rights. Instead of being informed in writing, participants may also be informed of the measures by electronic publication (e.g. by posting them on the company's website), in which case this information must also be provided at least four days before the meeting.

Sources:

• COVID-19 Regulation 2
• Explanatory notes (as of 18 March 2020, 3 p.m.)