What does “in writing” mean in articles of association, and why can it become an obstacle to digitalisation?
Antwort
Under Swiss law, “in writing” as a rule means paper bearing a handwritten signature or, where transmitted electronically, a qualified electronic signature (Art. 14 para. 2bis CO). If the articles require convocations of the general meeting, communications to shareholders or the granting of proxies to be made “in writing”, “by letter” or “by registered letter”, channels such as e-mail or platform-based solutions are effectively blocked. A formulation only becomes digitalisation-ready when the relevant form is supplemented by “or electronically”.
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.