What are the differences between shares and participation certificates under Swiss law?
Antwort
Shares grant shareholders membership and participation rights (in particular voting rights in the general meeting, information and application rights, etc.), while participation certificates do not grant voting rights in accordance with Art. 656a (1) OR. With regard to property rights, however, participation certificates are equivalent to shares: The participant is entitled to a dividend, share of the liquidation proceeds and, where applicable, subscription rights just like a shareholder, in compliance with statutory and legal barriers (Art. 656f OR, Art. 656g OR).
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.