Les sanctions en matière d’obligation d’annonce des actionnaires (art. 697m CO)
The Federal Act of 12 December 2014 on the implementation of the revised recommendations 2012 of the Financial Action Task Force introduced in the Code of Obligations new provisions on transparency in force since 1st of July 2015. Since that date, holders or purchasers of bearer shares and the beneficial owner of shares are bound by an obligation to report to the company (articles 697i and 697j CO).
Indeed, the purchaser of bearer shares must identify himself towards the company by providing some information. Furthermore, anyone who reaches or exceeds, alone or in concert with anyone else, 25 % of the share capital or voting rights must announce the identity of the individual who is the ultimate beneficiary. These announcements must be made within one month of acquiring the shares to the company or a financial intermediary in case of delegation. In addition, the board of directors has the responsibility to keep a list with the information provided by the shareholders under their…
