Responsibility of the Board of Directors (Art. 754 OR; reference to Art. 716a/717 CO)
Antwort
Civil liability of board members (and other management bodies) for damage resulting from intentional or negligent breach of duty, in particular in the event of poor organization (Art. 716a CO) or breach of duty of care and loyalty (Art. 717 CO). Without effective delegation, the entire Board of Directors is also liable for mistakes made by delegated persons. Effective delegation reduces liability to selection, instruction and monitoring.
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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.