Auditor Oversight Act (AOA)
English is not an official language of the Swiss Confederation. This translation is provided for information purposes only and has no legal force.
Art. 22 Swiss regulatory bodies
1 The Oversight Authority and other Swiss regulatory bodies must exchange any information and documents that may be required for the purpose of enforcing the relevant legislation. They shall coordinate their oversight activities to avoid any duplication. 2 They shall inform each other about pending proceedings and decisions that may be important with regard to their respective oversight activities.
Art. 22 — Amended by Annex No 1 of the Health Insurance Oversight Act of 26 Sept. 2014, in force since 1 Jan. 2016 (AS 2015 5137; BBl 2012 1941). Para. 1 — Amended by Annex No 1 of the Health Insurance Oversight Act of 26 Sept. 2014, in force since 1 Jan. 2016 (AS 2015 5137; BBl 2012 1941).
Art. 23 Stock exchanges
1 The stock exchange and the Oversight Authority shall coordinate their oversight activities to avoid any duplication. 2 They shall inform each other about pending proceedings and decisions that may be important with regard to their respective oversight activities. 3 If sanctions of the Oversight Authority resulting from infringements of Articles 7 and 8 cannot be enforced, the stock exchange shall impose the necessary sanctions.
Art. 24 Criminal prosecution authorities
1 The Oversight Authority and criminal prosecution authorities must provide each other with all the information and documents they require to enforce this Act. 2 The criminal prosecution authority may only use information and documents received from the Oversight Authority within the context of the criminal proceedings for which legal assistance has been granted. It may not pass information and documents on to third parties. 3 If criminal offences come to the attention of the Oversight Authority during the performance of its official duties, it shall inform the competent criminal prosecution authorities. 4 The criminal prosecution authorities shall notify the Oversight Authority of all proceedings that are connected with an auditing service provided by an audit firm under state oversight; they shall pass on judgments and orders to dismiss cases to the Oversight Authority. Notification shall be provided, in particular, of proceedings relating to the following provisions: a. Articles 146
Para. 4 let. a — SR 311.0 Para. 4 let. b — SR 952.0 Para. 4 let. c — Amended 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). Para. 4 let. c — SR 954.1 Para. 4 let. d — Inserted by Annex No 2 of the Financial Market Infrastructure Act of 19 June 2015, in force since 1 Jan. 2016 (AS 2015 5339; BBl 2014 7483). Para. 4 let. d — SR 958.1
Art. 25 Civil courts
The cantonal civil courts and the Federal Supreme Court shall notify the Oversight Authority of all proceedings relating to auditors’ liability (Article 755 CO) that are connected with an auditing service provided by an audit firm under state oversight. They shall supply it with the judgments and other decisions that conclude such proceedings.
SR 220
Art. 25a Self-regulatory organisations
Self-regulatory organisations (SRO) under the Anti-Money Laundering Act of 10 October 1997 shall notify the Oversight Authority of any incidents in connection with an audit company or a lead auditor and provide it with all the information and documents that the Oversight Authority requires to fulfil its tasks.
Art. 25a — 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). SR 955.0
Art. 26 Cooperation with foreign audit oversight authorities
1 In order to enforce this Act, the Oversight Authority may ask foreign audit oversight authorities for information and documents. 2 It may transfer information and documents that are not publicly accessible to foreign audit oversight authorities, provided that these authorities: a. only use the information supplied for the direct oversight of individuals and firms providing audit services; b. are bound by official or professional secrecy, notwithstanding provisions on the public nature of proceedings and the notification of the general public about such proceedings; c. pass on the information to authorities and bodies that perform oversight tasks in the public interest and are bound by official and professional secrecy only if this is done on the basis of authorisation conferred by a treaty or with the Oversight Authority’s prior consent. 3 The Oversight Authority shall refuse to give its consent if the information is to be passed on to criminal prosecution authorities or authorities
Para. 2 let. b — Amended 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).
Art. 27 Cross-border oversight activities
1 In order to enforce this Act, the Oversight Authority may ask foreign audit oversight authorities to perform oversight activities abroad. It may perform oversight activities abroad itself on the basis of authorisation conferred by a treaty or with the foreign audit oversight authority’s prior consent. 2 At the request of foreign audit oversight authorities, the Oversight Authority may perform oversight activities in Switzerland on behalf of these authorities, if the requesting state grants reciprocity. Article 26 paragraphs 2 and 3 apply by analogy. 3 On the basis of authorisation conferred by a treaty or with the Oversight Authority’s prior consent, foreign audit oversight authorities may perform oversight activities in Switzerland themselves, if the requesting state grants reciprocity. Article 26 paragraphs 2 and 3 apply by analogy. 4 The Oversight Authority may accompany foreign audit oversight authorities during their oversight activities in Switzerland. The person or company con
Para. 2 — Amended 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. 4bis — 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).