I have already notified under Art. 697j CO. Do I need to notify again?
Antwort
Not necessarily. Anyone who has fully complied with the notification obligation under the existing law and where the person notified is also the beneficial owner under the new law is deemed to be exempt (Art. 49 para. 1 LETA). However, the company may request missing details — such as date of birth or nationality — which must be supplied within one month. If in doubt, a careful review of the existing notification is advisable.
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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.