Can multiple persons be considered beneficial owners jointly?
Antwort
Yes, the Transparency Act expressly covers joint control. When multiple persons exercise their voting rights in a coordinated manner or coordinate on the acquisition of holdings, all persons involved are considered beneficial owners – even if their individual holding is below 25%. Typical examples are shareholder groups with voting agreements, investor syndicates, or communities of heirs who collectively exercise their rights.
Weitere relevante Fragen
Is the Communication Generator free to use?
Yes. The Communication Generator is free to use.
Does every shareholder or member qualify as a beneficial owner?
No. The fact that a company requests information from a shareholder or member does not automatically mean that this person is a beneficial owner. Indirect structures, acting in concert and other means of control may also be relevant.
Does the Communication Generator identify the beneficial owners?
No. The generator supports communication and information gathering. The actual assessment of who qualifies as a beneficial owner and who must be reported to the transparency register takes place afterwards. Konsento’s Transparency Register Reporting Assistant can be used for this assessment.