Do capital increase resolutions of the general meeting or the board of directors have to be notarized by a notary public?
Antwort
Yes, both the resolutions of the general meeting regarding an ordinary capital increase (Art. 650 para. 2 CO) as well as those introducing conditional capital or a capital band (Art. 647 CO in conjunction with Arts. 653b and 653s CO) must be notarized by a notary public. In addition, the board of directors’ confirmation resolutions regarding the execution of the capital increase must also be notarized (Art. 652g para. 2 for the ordinary capital increase, Art. 653g para. 3 for the conditional capital increase, and Art. 653u para. 5 for the capital band).
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.