Art. 689d426
c. Custodian as representative 1 Where a custodian wishes to act as representative in exercising the participation rights attaching to shares deposited with him, he asks the depositors for voting instructions prior to every general meeting. 2 Where the depositors’ instructions cannot be obtained in good time, the custodian exercises their voting rights in accordance with their general instructions; in the absence of general instructions, he votes in favour of the motions proposed by the board of directors. 3 Institutions subject to the Federal Act of 8 November 1934427 on Banks and Savings Banks and financial institutions in accordance with the Financial Institutions Act of 15 June 2018428 are deemed to be custodians acting as representatives.429 426Inserted by No I of the FA of 4 Oct. 1991, in force since 1 July 1992 (AS 1992 733; BBl 1983 II 745). 427SR 952.0 428 SR 954.1 429 Amended by Annex No II 1 of the Financial Institutions Act of 15 June 2018, in force since 1 Jan. 2020 (AS 2018 5247, 2019 4631; BBl 2015 8901). |