(1) Whosoever in connection with

1.  the sale of securities, subscription rights or shares intended to grant participation in the yield of an enterprise; or

2.  an offer to increase the capital investment in such shares,

makes incorrect favourable statements or keeps unfavourable facts secret in prospectuses or in representations or surveys about the net assets to a considerable number of persons in relation to circumstances relevant to the decision about acquisition or increase, shall be liable to imprisonment not exceeding three years or a fine.

(2) Subsection (1) above shall apply mutatis mutandis if the act is related to shares in assets which an enterprise administers in its own name but for the account of a third party.

(3) Whosoever voluntarily prevents the benefit contingent upon the acquisition or the increase from accruing shall not be liable pursuant to subsections (1) and (2) above. If the benefit does not accrue regardless of the contribution of the offender he shall be exempt from liability if he voluntarily and earnestly makes efforts to prevent the benefit from accruing.