Does a shareholders' agreement automatically mean that the parties jointly qualify as beneficial owners?
Antwort
No. A shareholders' agreement is an indication, but not an automatic consequence. What matters is whether the agreement objectively enables the parties to exercise control over the company, and whether the circumstances show that such control is actually being pursued (Art. 4 LETO). Each case requires an individual assessment.
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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.