What are the legal requirements for a general meeting decision in writing
Antwort
In accordance with Article 701 (3) OR, a resolution of the general meeting can be passed in writing, i.e. on paper or in electronic form, provided that no shareholder requires oral consultation. The approval of all shareholders is a prerequisite. The law does not require a statutory basis, but the result must be recorded in a protocol or record of custody to document the resolution. In addition, a legally valid implementation requires the handwritten or qualified electronic signature of each shareholder on the written or electronic resolution.
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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.