What does “independence” mean for an independent proxy?
Antwort
The independence of the independent proxy must not be impaired either in fact or in appearance (Art. 689b para. 4 CO). To clarify this requirement, the law refers to the independence rules applicable to statutory auditors (Art. 728 paras. 2–6 CO). These rules are intended to ensure that the proxy exercises the shareholders’ voting rights in a neutral manner and without conflicts of interest. Particularly problematic are close organisational, economic or personal relationships with the company or with its decision-makers.
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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.