Does a purely virtual general meeting need a basis in the articles of association?
Antwort
Yes. Under Art. 701d CO, a general meeting held without a physical venue requires an express provision in the articles. Without such a basis, the board of directors may organise an in-person meeting with electronic participation (Art. 701c CO) but cannot dispense with a physical venue. Non-listed companies may, in addition, provide in their articles that no independent proxy needs to be appointed (Art. 704 para. 1 no. 15 CO), which considerably reduces the effort involved in running a lean virtual general meeting.
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.