Commentaries: Art. 46

Any person recognised as a shareholder by the SICAV may exercise membership rights.
The shareholders may represent their shares at a general meeting in person or be represented by a third party. Unless the articles of association provide otherwise, the third party need not be a shareholder.
A SICAV shall keep a register of the shares, in which the names and addresses of company shareholders are recorded. It shall also keep a register under Article 697l of the Code of Obligations¹of the beneficial owners of the shares held by company shareholders.²
The articles of association may specify that the company shareholders and investor shareholders are both entitled to at least one seat on the board of directors in the case of self-managed as well as externally managed SICAVs.³

SR 220 ↩
Second sentence inserted by No I 6 of the FA of 12 Dec. 2014 on the Implementation of the revised recommendations 2012 of the Financial Action Task Force, in force since 1 July 2015 (AS 2015 1389;BBl 2014 605). ↩
Inserted by No I of the FA of 28 Sept. 2012, in force since 1 March 2013 (AS 2013 585;BBl 2012 3639). ↩

Art. 46