Activation of the Offer Obligation
§ 198
The offer obligation applies when the property or a part thereof is transferred by sale, gift, merger, demerger, or exchange. The offer obligation also applies when shares and interests in joint-stock and limited liability companies that own properties are transferred, if the acquirer thereby obtains the majority of votes in the company.
Stk. 2.However, the offer obligation does not apply in the following cases:
1)When the acquirer is the state or a municipality.
2)When the acquirer is the current owner's spouse or is related or connected by marriage to the owner in a direct ascending or descending line or in the collateral line as close as siblings or their children.
3)When the acquirer is a current co-owner.
4)When the acquisition occurs by inheritance, unless the acquirer is a legal entity.
5)When the property has been owned within the last 5 years by a cooperative housing association, a housing joint-stock company, or a housing limited liability company.