Auditor Oversight Ordinance (AOO)
Term in accordance with Annex No 1 of the O of 22 Nov. 2023, in force since 1 Jan. 2024 (AS 2023 750). This amendment has been made throughout the text.
English is not an official language of the Swiss Confederation. This translation is provided for information purposes only, has no legal force and may not be relied on in legal proceedings.
Art. 16
Repealed by Annex No 5 of the Financial Market Auditing Ordinance of 15 Oct. 2008, with effect from 1 Jan. 2009 (AS 2008 5363).
Art. 17 Requirements relating to the register
1 The register shall be kept electronically. 2 It shall be possible for the content to be made visible at any time electronically and in the form of a paper print-out. 3 It shall be possible to retrieve the data using search criteria.
Art. 18 Public nature of register
1 The entries in the register shall be public and accessible free of charge on the Internet. 2 On request, the Oversight Authority shall certify in writing that an individual or firm is licensed and entered in the register. It shall charge a fee of 50 francs for such certification. 3 The licence application, the correspondence connected with the licence, the documents submitted and the decision on the granting of the licence shall not be public.
Art. 19 Individuals
1 An entry relating to individuals shall contain the following details: a. personal register number; b. surname and first name; c. place of origin; d. date of licence; e. type of licence; f. if applicable, a reference to a provisional licence; g. if applicable, the function of the person and the company name or name in accordance with the commercial register, address and unique business identification number of the audit firm: 1. of which the person is the owner or partner, 2. in which highest management or administrative body or in whose governing body the person sits, 3. by which the person is employed, or 4. with which the person is connected in a similar form as under Number 3; h. if applicable, a reference to membership of a professional association; i. if applicable, licences in accordance with specific legislation in the Swiss auditing sector, including the name and address of the licensing authority; j. if applicable, a note to the effect that the individual is inactive. [tab]
Para. 1 let. g — Amended by No I of the O of 14 Nov. 2012, in force since 1 Dec. 2012 (AS 2012 6071). Para. 1 let. j — Inserted by No I of the O of 23 Aug. 2017, in force since 1 Oct. 2017 (AS 2017 4863). Para. 1 let. tab — Inserted by No I of the O of 23 Aug. 2017, in force since 1 Oct. 2017 (AS 2017 4863).
Art. 20 Audit firms
The entry relating to audit firms shall contain the following details: a. company identification number; b. company name or name and legal form in accordance with the entry in the commercial register; c. address and registered office, and details of the headquarters in the case of branch offices of audit firms based abroad; d. date of licence; e. type of licence; f. if applicable, a reference to a provisional licence; f.bis the set of rules under which the internal quality control system is operated; f.ter the type of external quality control or, if none is operated, a note to that effect; g. the company identification number, address and registered office of all branch offices in Switzerland registered in the commercial register; [tab] g.bis if applicable, information to ensure entry traceability, in particular in restructuring cases; h. if applicable, a reference to membership of a professional association; i. if applicable, licences in accordance with specific legislation in the Swi
let. a — Amended by Annex No 2 of the O of 26 Jan. 2011 on the Company Identification Number, in force since 1 April 2011 (AS 2011 533). let. c — Amended by No I of the O of 14 Nov. 2012, in force since 1 Dec. 2012 (AS 2012 6071). let. fbis — Inserted by No I of the O of 14 Nov. 2012 (AS 2012 6071). Amended by No I of the O of 23 Aug. 2017, in force since 1 Oct. 2017 (AS 2017 4863). let. fter — Inserted by No I of the O of 14 Nov. 2012, in force since 1 Dec. 2012 (AS 2012 6071). let. g — Amended
Art. 21 Licences in accordance with specific legislation
1 When determining and assessing the requirements for licences in accordance with specific legislation, the other oversight authorities in accordance with Article 22 AOA shall take the licences issued by the Oversight Authority into account. If the Oversight Authority withdraws a licence, the other oversight authorities shall also withdraw the licence in accordance with specific legislation. 2 The other oversight authorities shall enter, modify and delete licences in accordance with specific legislation of persons and companies directly by electronic means in the register of the Oversight Authority. The Oversight Authority shall regulate the details of this access in an ordinance. 3 The other oversight authorities and the Oversight Authority shall inform each other of the withdrawal of a licence for a limited or unlimited period and of any other change to a licence.
Art. 21 — Amended by Annex No 1 of the Health Insurance Oversight Ordinance of 18 Nov. 2015, in force since 1 Jan. 2016 (AS 2015 5165).
Art. 21a Transfer of the licence
1 Two audit firms may request the Oversight Authority to transfer the licence of one audit firm to the other. 2 The Oversight Authority shall transfer the licence if: a. the licence transfer is based on a transfer of the related business activity; and b. the company taking over the licence meets its requirements. 3 An individual’s licence may not be transferred.
Art. 21a — Inserted by No 1 of the O of 14 Nov. 2012, in force since 1 Dec. 2012 (AS 2012 6071).
Art. 22 Deletion of the entry
The entry relating to a licence shall be deleted from the register by the Oversight Authority if: a. the licensed individual has died; b. the licensed firm has been dissolved and deleted from the commercial register; c. the licence has been withdrawn from an individual or firm for a limited or unlimited period; d. the licensed individual or the licensed firm applies for such deletion; e. the audit firm’s licence has expired.
let. e — Inserted by Annex No 1 of the Financial Market Auditing Ordinance of 5 Nov. 2014, in force since 1 Jan. 2015 (AS 2014 4295).
Art. 22a Correction of the register
1 The Oversight Authority shall initiate ex officio the procedure to correct the entry in the register if the entry does not or no longer corresponds to the facts or legal situation and the persons or audit firms with the duty to notify (Art. 15 para. 3 AOA) do not make the correction or report it themselves. 2 For this purpose, the Oversight Authority shall request the persons or audit firms with the duty to notify to correct the register within 30 days or to prove that no correction is required. 3 If the Oversight Authority is unable to contact the persons or audit firms with the duty to notify, it shall publish the request in the Federal Gazette. 4 If the persons or audit firms subject to the duty do not arrange for the correction themselves, the Oversight Authority shall order the correction in a ruling.
Art. 22a — Inserted by No I of the O of 14 Nov. 2012, in force since 1 Dec. 2012 (AS 2012 6071).
Art. 23 Storage and archiving of records
1 The Oversight Authority shall store the records for each person and each company separately and in chronological order. 2 A person’s or company’s records shall be stored for 20 years from the last addition. If a person or a company is deleted from the register, the records may be destroyed ten years following deletion. This does not apply if a company is deleted due to merger, demerger or other restructuring circumstances. 3 Once the safekeeping period has elapsed, the records shall be offered to the Federal Archives for archiving. Records that the Federal Archives do not consider to be worthy of archiving shall be destroyed.
Art. 23 — Amended by No 1 of the O of 14 Nov. 2012, in force since 1 Dec. 2012 (AS 2012 6071).
Art. 24 Electronic storage
1 The Oversight Authority may record and store the records electronically. 2 If records are recorded and stored electronically, the paper version of these records may be destroyed. Original documents shall be returned to the sender.
Art. 25 Requirements relating to electronic storage and data security
1 The electronic systems for the register and for the storage of records must satisfy the following requirements: a. The existence and quality of the recorded data shall be maintained over the long term. b. The format of the data shall be independent from the manufacturer of certain electronic systems. c. The data shall be backed up in accordance with recognised standards and state-of-the-art technology. d. Documentation on the program and the format shall be available. 2 The Oversight Authority shall regulate authorisation to access the data and the electronic systems in an Ordinance. 3 It shall issue regulations on: a. the periodic backing-up of data on decentralised data carriers; b. the maintenance of the data and electronic systems; c. the protection of the data and electronic systems against misuse; d. the measures to be taken in the event of technical faults affecting the electronic systems.
Art. 26 Handover of records
1 The Oversight Authority and the other oversight authorities may grant each other electronic access to licence applications, the associated documents and other records. 2 The Oversight Authority may refuse to hand over records if: a. the purpose of the records is to help it form opinions internally; b. the hand over of the records would jeopardise current proceedings or compromise the fulfilment of its oversight activity; c. this would be incompatible with the aims or the purpose of audit oversight.
Para. 1 — Amended by Annex No 1 of the Health Insurance Oversight Ordinance of 18 Nov. 2015, in force since 1 Jan. 2016 (AS 2015 5165).
Art. 27 Coordination with the commercial register authorities
In order to enforce the provisions of the CO, the AOA and the relevant implementing provisions, the Oversight Authority may work and exchange data with the commercial register authorities.