What legal effect does the discharge have under Swiss law?
Antwort
The discharge limits the enforcement of liability claims, but only with respect to disclosed facts and vis-à-vis a specific group of persons (Art. 758 CO). It is effective towards the company and shareholders who approved the discharge or who acquired their shares thereafter in knowledge of the resolution. It does not constitute a full waiver of liability.
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.