May an independent proxy be economically dependent on the company?
Antwort
Economic dependence may impair independence (Art. 728 para. 2 no. 5 CO). This may be the case, for example, if an adviser or trustee derives a substantial portion of their income from mandates with the company. According to the ExpertSuisse independence guidelines, economic dependence is often assumed where a single client accounts for around 30% or more of annual revenues over several years. Although this threshold does not directly apply to independent proxies, it illustrates the underlying principle: a person who is economically dependent on the goodwill of the company is unlikely to be perceived as fully independent.
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.