Does a company have to notify the authorities on its own initiative that it is exempt from the reporting obligation because of a listed shareholder?
Antwort
No. The Act does not provide for such a notification. If the Federal Office of Justice nevertheless contacts the company because it is unaware of the exemption, the company should respond within the deadline set and provide evidence of the exemption. Only a company that fails to respond at all risks a corresponding note being entered in the register (Art. 33 para. 3 and Art. 34 para. 1 let. b LETA).
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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.