Auditor Oversight Act (AOA)

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In The Matter OfAuditor Oversight Act (AOA)
Exhibit A
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Expression according to paragraph I of the FA of 20 June 2014 (Bundling of Audit Oversight), in force since 1 Jan. 2015 (AS 2014 4073; BBl 2013 6857). The change was made throughout the text.

English is not an official language of the Swiss Confederation. This translation is provided for information purposes only and has no legal force.

Art. 7 Principle

1 Audit firms that provide audit services for public interest entities require a special licence and are subject to state oversight (audit firms under state oversight). 2 Other audit firms shall also be licensed as audit firms under state oversight, on application, if they satisfy the statutory requirements. 3 The licence is valid for an unlimited period.

Para. 3 — Inserted by Annex No II 3 of the Financial Institutions Act of 15 June 2018, in force since 1 Jan. 2020 (AS 2018 5247, 2019 4631; BBl 2015 8901).

Art. 8 Special cases of international relevance

1 A licence as an audit firm under state oversight is also required for audit firms providing auditing services as defined in Article 2 letter a number 1 or comparable services under foreign law for: a. companies incorporated under foreign law whose shares are listed on a Swiss stock exchange; b. companies incorporated under foreign law whose bonds are listed on a Swiss stock exchange; c. and d. ... 2 The licensing obligation does not apply if the audit firm is subject to the oversight of a foreign audit oversight authority that is recognised by the Federal Council. 3 Moreover, the licensing obligation does not apply to audit firms providing audit services to a company under paragraph 1 letter b if: a. the relevant bonds are guaranteed by company that has an audit firm meeting the criteria in either paragraph 1 or 2; or b. investors have been explicitly informed that the audit firm is not under state oversight. 4 Audit firms to which the licensing obligation does not apply in accordanc

Para. 1 — Amended by No I of the FA of 20 June 2014 (Bundling of Audit Oversight), in force since 1 Oct. 2015 (AS 2014 4073, 2015 2437; BBl 2013 6857). Para. 1 let. b — Amended by No I of the FA of 30 Sept. 2016 (Extra-territorial Scope of Audit Oversight), in force since 1 Oct. 2017 (AS 2017 4859; BBl 2015 5717). Para. 1 let. cd — Never came into force / irrelevant. Para. 3 let. b — Amended by No I of the FA of 30 Sept. 2016 (Extra-territorial Scope of Audit Oversight), in force since 1 Oct. 20

Art. 9 Requirements

1 Audit firms shall be licensed to provide audit services for companies of public interest if they: a. satisfy the requirements for licensing as an audit expert; b. guarantee compliance with statutory provisions; c. are sufficiently insured against liability risks. 2 The Oversight Authority may grant a licence to an audit firm on the basis of a foreign licence if the requirements of this Act have been met.

Para. 1 let. b — Expression according to paragraph I of the FA of 20 June 2014 (Bundling of Audit Oversight), in force since 1 Jan. 2015 (AS 2014 4073; BBl 2013 6857). The change was made throughout the entire text.

Art. 9a Requirements for the licence for audits under the financial market acts

1 An audit firm shall be licensed as an audit company for regulatory audits in accordance with Article 2 letter a number 2 if it: a. is licensed in accordance with Article 9 paragraph 1; b. is sufficiently organised for these audits; and c. does not exercise any other activity subject to licensing in accordance with the financial market acts (Article 1 paragraph 1 FINMASA). 2 A person is licensed to lead audits in accordance with Article 2 letter a number 2 (lead auditor) if the person: a. is licensed as an audit expert in accordance with Article 4; and b. has the necessary expertise and practical experience for the audit under the financial market acts (Art. 1 paragraph 1 FINMASA). 3 For licensing in accordance with paragraph 2 letter a, technical experience deviating from Article 4 paragraph 4 but deriving from audits in accordance with Article 24 paragraph 1 letters a and b FINMASA may also be credited. 4 ... 4bis The Federal Council may provide for simplified requirements for licen

Art. 9a — Inserted by No I of the FA of 20 June 2014 (Bundling of Audit Oversight), in force since 1 Jan. 2015 (AS 2014 4073; BBl 2013 6857). Para. 1 let. c — SR 956.1 Para. 4 — Repealed by Annex No II 3 of the Financial Institutions Act of 15 June 2018, with effect from 1 Jan. 2020 (AS 2018 5247, 2019 4631; BBl 2015 8901). Para. 4bis — SR 952.0 Para. 4bis — Inserted by Annex No II 3 of the Financial Institutions Act of 15 June 2018, in force since 1 Jan. 2019 (AS 2018 5247; BBl 2015 8901) Para.

Art. 10

Repealed by No I of the FA of 20 June 2014 (Bundling of Audit Oversight), with effect from 1 Jan. 2015 (AS 2014 4073; BBl 2013 6857).