With an innovative research method not according to the TV magazine "Rundschau" that Novartis takes the voting secrecy of its shareholders seriously. For a contribution to be broadcast tonight, has bought a "Rundschau"-a Reporter, a Novartis shares and voting rights at the General meeting, in writing, perceived. Do almost all of the shareholders.
However, the SRF-man did something Special: He put his Envelope with a GPS-transmitter. With the Mini tracking device locations, which post had taken his documents had then.
According to "Rundschau" it was a remarkable way: The envelope is not landed, to the independent voting rights representative for the General Assembly, although its address is printed on the Envelope. Rather, the documents came first in a mailbox in the station Basel and the Novartis Campus. In the basement of the building Forum 1, the Post office was opened in accordance with the Swiss television.
danger of abuse
the question Now is whether Novartis is deceptive with the redirection of the letters to his owner. Because the election and voting papers not be placed in the custody of an independent person of trust has to uphold the attorney-client privilege, but to the group.
There could be Novartis employees abused. Who knows in advance, like and voted, it may use its information advantage. For example, he can mobilize shareholders who have not yet voted, or otherwise affect. In addition, it is threatened by the Novartis practice of voting secrecy: On the voting sheets the Name of the shareholder is printed.
"A big logistical effort,"
lawyer Peter Andreas Zahn, elected as the independent voting rights representative of the Novartis shareholders, justifies the procedure in the "Rundschau" with a "large logistical effort (...), which is beyond the available capacity of a law firm".
Meanwhile, a specialist in such matters, lawyer, Rudolf brother-in-law stresses, in a short essay on the importance of independence: "The right to vote, representatives must have a voting therefore of the society itself, the bodies of the Company, large shareholders, legal advisors, etc. independently, with no semblance of dependence must exist."
Novartis sees in the action, no misconduct: The approximately 30'000 of the reply envelopes would be in the case of Novartis, "for this purpose, recruited retired employees opened and processed," explains the group. "This procedure complies with applicable law and does not affect the independence of the independent voting rights representative, because the counting is done under his supervision."
"We will leave the information in a possible improvement of the processes."Novartis
experts are not convinced: "to leave no doubt as to the independence of the proxy volume, it would be better if the voting right representative organizes for the enumeration of the necessary resources, regardless of the company ," says Barbara Heller, CEO of the consulting company Swipra, specializing, among others, on Corporate Governance issues.
In the "Rundschau" is also reflected in the business lawyer, Monika Roth doubt that she sees in the approach is "a circumvention of the basic regulation and of the meaning of the independent voting right representative". Thus, the appeal against the resolutions of a General meeting of the threat.
Novartis, seem to be also in doubt: "We will leave the instructions in the "Rundschau" in a possible improvement of the processes of flow," writes the group.
Created: 27.03.2019, 06:31 PM