When does a shareholders’ agreement constitute acting in concert under LETA?
Antwort
The specific content of the agreement is decisive. Pure transfer restrictions such as a right of first refusal or time-limited anti-dilution protection are generally not sufficient under the transferable stock exchange law practice (Art. 4 LETO).
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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.