What are the legal limits of the discharge?
Antwort
The effect of the discharge is clearly limited by law. It only covers disclosed facts (Art. 758 CO), does not bind creditors, and does not affect direct claims of individual shareholders (Art. 754 CO). In addition, shareholders who did not approve the discharge retain their right to bring claims for a transitional period of twelve months following the resolution (Art. 758 para. 2 CO).
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.