When can a financial interest compromise independence?
Antwort
Independence may be impaired if the proxy holds a direct or significant indirect shareholding in the company (Art. 728 para. 2 no. 2 CO). An indirect participation may arise, for example, through a holding company, an investment fund or a related entity. The law does not define specific thresholds. In practice, however, reference is often made to the independence guidelines issued by ExpertSuisse. These guidelines generally consider an indirect financial interest to be significant if it exceeds approximately 10% of the person’s equity or net assets. While this threshold does not directly apply to independent proxies, it provides a useful indication.
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.