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. 39 Contraventions
1 Any person who contravenes: a. the principles of independence in accordance with Articles 11 and 728 of the CO; b. the duties to notify in accordance with Article 15a paragraph 2; c. the duty to inform in accordance with Article 15 paragraph 3; d. an implementing provision of this Act, the contravention of which is declared by the Federal Council to be an offence; e. a decision or measure of the Oversight Authority that has been issued with a reference to the penalties set out in this Article, shall be liable to a fine not exceeding 100 000 francs. 2 If the offence is committed through negligence, the fine shall not exceed 50 000 francs. 3 The Oversight Authority shall prosecute and judge such contraventions in accordance with the provisions of the Federal Act of 22 March 1974 on Administrative Criminal Law. 4 The right to prosecute contraventions is limited to seven years.
Para. 1 let. a — SR 220 Para. 1 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). Para. 3 — SR 313.0
Art. 39a Contraventions in business operations
The identification of the specific offenders in accordance with Article 39 may be dispensed with and the business establishment may be ordered to pay the fine if: a. the identification of the offenders under Article 6 of the Federal Act of 22 March 1974 on Administrative Criminal Law requires investigation measures which would be disproportionate to the penalty that may be imposed; and b. a fine of no more than 20 000 francs comes into consideration for the contraventions of the provisions of this Act.
Art. 39a — 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). let. a — SR 313.0
Art. 40 Misdemeanours
1 Any person who commits any of the following offences shall be liable to a custodial sentence not exceeding three years or a monetary penalty: a. providing an auditing service without the necessary licence or despite being prohibited from practising his or her profession; abis. providing false information in the audit report or in the audit report or audit confirmation about essential facts or withholds essential facts; b. failing to grant the Oversight Authority access to his or her business premises (Article 13 paragraph 2), fails to provide it with the requested information or fails to submit the requested documents (Art. 15a para. 1) or provides it with false or incomplete information; c. failing to comply with the duties to document and retain records as an audit firm under state oversight (Art. 730c CO); d. as a third party engaged by the Oversight Authority (Article 20), disclosing a secret, during or after completion of the activity, that was entrusted to it in this capacity o
Para. 1 — Amended by Art. 333 of the Swiss Criminal Code in the wording of the FA of 13 Dec. 2002, in force since 1 Jan. 2007 (AS 2006 3459; BBl 1999 1979). Para. 1 let. abis — 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. 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). Para. 1 let. c — SR 220