What happens in case of delegation without organizational regulations?

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Antwort

Without regulations, full management responsibility remains with the entire Board of Directors, and the members are also liable for mistakes made by the delegated person (Art. 717, 754 CO). With valid regulations, the Board of Directors may limit its liability to the selection, instruction and monitoring of delegates.

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FAQ

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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.