The issuancebypublic offering without pre-emptive subscription right of new shares which do
not confer to their holders the same rights as the old shares shall be subject to the following
conditions:
1) the issue mustbe carried out within a period of two (2) years from the general meeting which
authorized it;
2) the issue price or pricing conditions shall be set by the extraordinary general meeting based
on report of the board of directors and on the special report of the auditors.
If the issue is not carried out on the date of the annual general meeting following the decision, an
extraordinary general meeting shall make the decision based on the report of the board of
directors and on the special report of the auditors, on the retention or adjustment of the issue
price or the conditions of its determinationand, failing this, the decision of the first meeting shall
be null.
Unofficial translation
Machine-parsed
In force from 8 September 2026
Source page 238
Section 838 of the Acte uniforme révisé relatif au droit des sociétés commerciales et du groupement d'intérêt économique/akn/ohada/act/loi/undated/auscgie-2014