Marco Fehr is a lawyer and founder and CEO of Fehr Legal. His focus is on providing legal advice to startups in the areas of corporate law, startup financing, contract law, data protection and intellectual property. He works on various legal-tech products that enable startups to obtain professional legal advice cost-effectively and automate recurring administrative tasks.
Marco Fehr also supports Konsento with process automation, particularly in connection with employee participation programs (ESOP, PSOP).
Marco Fehr
Frequently asked questions
Who within the company is responsible for determining beneficial ownership and carrying out the verification with the required due care?
The most senior member of the governing body. That person may delegate the task but remains responsible for the proper filing of the report (Art. 12 LETA).
What happens if a shareholder does not cooperate in determining the beneficial ownership?
The company documents the steps it has taken (Art. 8 para. 2 LETA) and states in the report that the verification was unsuccessful (Art. 9 para. 3 LETA, Art. 21 LETO). An intentional breach of the cooperation and reporting obligations may result in a fine of up to CHF 500,000 for the shareholder concerned (Art. 43 let. a LETA).
Is a copy of an identity document always required?
The company must establish whether the person concerned has an OASI number. Only if that is not the case must it obtain a copy of the passport, identity card or foreign national identity card (Art. 10 para. 2 LETO).