How are the regulations enacted and what must they contain?
Antwort
The decree is within the competence of the Board of Directors (Art. 716a CO); there is no need for a general meeting and no notarization. The decision can be made in a meeting of the Board of Directors or as a circular resolution. The regulations must regulate organization, tasks/competencies and reporting (Art. 716b CO) and should be documented in writing and regularly updated.
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.