Inserted by Annex 1 No II 12 of the Financial Institutions Ordinance of 6 Nov. 2019, in force since 1 Jan. 2020 (AS 2019 4633).
English is not an official language of the Swiss Confederation. This translation is provided for information purposes only and has no legal force.
Art. 22a Licensing of audit firms
1 An audit firm is adequately organised if it: a. has at least two lead auditors who are licensed for AMLA-related activities; b. has at least two audit mandates related to the AMLA no later than three years after being granted a licence; c. complies with the regulations on documentation and retention of records pursuant to Article 730c CO, irrespective of its legal form. 2 An audit firm shall not be licensed for audits in accordance with Article 24a AMLA where the following persons or entities carry on an activity for which a licence is required under the financial market legislation in accordance with Article 1 paragraph 1 of the Financial Market Supervision Act of 22 June 2007: a. companies that are under common management with the audit firm; b. natural persons who directly or indirectly hold at least 10 per cent of the capital or voting rights in a company in accordance with letter a or who can significantly influence its business activities in another way; c. the lead auditors. 3
Para. 1 let. c — SR 220 Para. 2 — SR 956.1
Art. 22b Licensing of lead auditors
1 A lead auditor has the necessary specialist knowledge and practical experience to be licensed for audits in accordance with Article 24a AMLA if he or she provides proof of the following: a. professional experience of five years in the provision of auditing services related to the AMLA; b. 200 audit hours related to the AMLA; c. four hours of continuing professional development courses related to the AMLA within one year prior to submitting the licence application. 2 A lead auditor shall continue to possess the necessary specialist knowledge and practical experience for auditing in accordance with Article 24a AMLA after licensing if he or she provides proof of the following: a. 100 audit hours related to the AMLA in the last four years; b. four hours of continuing professional development courses each year related to the AMLA. 3 The licence for auditing in an oversight area in accordance with Article 11a paragraph 1 letters a-c of the Auditor Oversight Ordinance of 22 August 2007 or g
Para. 3 — SR 221.302.3 Para. 3 — SR 954.1
Art. 22c Licence to audit lawyers and notaries in relation to the AMLA
1 A lead auditor has the relevant AMLA knowledge, the relevant practical experience and the required continuing professional development (Art. 18 para. 4 let. c AMLA) if he or she fulfils the requirements of Article 22b. 2 A natural person licensed to audit lawyers and notaries under the AMLA may audit independently without being registered as a licensed sole proprietorship in the Commercial Register and without being licensed as an auditor under Article 5 AOA. 3 A person licensed to audit lawyers and notaries under the AMLA is independent of the member to be audited if he or she complies with the requirements of Article 11 AOA and Article 728 CO.
Para. 2 — SR 221.302 Para. 3 — SR 220
Art. 22d Continuing professional development
1 Continuing professional development courses in accordance with Articles 22b and 22c, including those using new information technologies and distance learning courses, must meet at least the following criteria: a. the continuing professional development covers the area of the AMLA; b. external and internal education courses last at least one hour; c. at least three persons participate in internal education courses. 2 The effective duration of the continuing professional development course shall be credited. Subject-specific lectures and subject-specific teaching are credited with twice the duration of the lecture or teaching. 3 Self-study does not count as continuing professional development.