Can the board of directors of a non-listed company always nominate an independent proxy?
Antwort
Yes. The board of directors of a non-listed corporation may also appoint an independent proxy voluntarily, even if there is no legal obligation to do so. If an independent proxy is appointed voluntarily, care should be taken to ensure that the person is genuinely independent and that no conflicts of interest exist. This corresponds to the purpose of the legal rules governing the independent proxy (Art. 689c–689d CO).
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.