Section 1 The Agency and its Purpose |
Art. 1 The Swiss Innovation Agency (Innosuisse)
1The Swiss Innovation Agency is a federal public law entity with its own legal personality. 2It shall decide its own organisational structure and keep its own accounts. 3It shall be independent in its funding decisions. 4It shall be managed according to business principles. 5 The Federal Council shall decide the location of the Agency’s registered office. 6The Agency shall be entered into the trade register as ‘Swiss Innovation Agency (Innosuisse)’. |
Art. 2
1With Innosuisse, the Confederation seeks to promote science-based innovation in the interests of the economy and society. 2In order to achieve this objective, Innosuisse shall adhere to the principles and mandates set out in Article 6 of the Federal Act of 14 December 20123on the Promotion of Research and Innovation (RIPA) and shall perform the duties set out in Article 3 of this Act. |
Section 2 Tasks and Cooperation |
Art. 3 Tasks
1Innosuisse is the Confederation’s funding institution for science-based innovation in all disciplines represented at Swiss higher education research centres under Article 4, letter c RIPA4. 2It shall pursue innovation support activities in accordance with Article 18 paragraphs 1 and 2 as well as in Articles 19–23 RIPA.5 3It shall represent the Confederation in international organisations and bodies involved in innovation promotion in accordance with Article 28 paragraph 2, letter c RIPA, insofar as it is authorised to do so by the Federal Council, the Federal Department of Economic Affairs, Education and Research (EAER) or the State Secretariat for Education, Research and Innovation (SERI), and shall take measures and decisions to the extent of the Confederation's participation in these organisations and bodies. 4It shall provide, within its area of responsibility, information on national and international programmes and on the submission of applications. It may work with third parties to develop information offers.6 5It shall take part in the preparation of federal legislation on innovation support, when said legislation relates to its tasks under paragraphs 2 and 3. 6It shall run topic-specific support programmes if mandated to do so by the Federal Council. 7It shall coordinate its activities with regional and cantonal measures, namely to support the establishment and development of science-based companies and to provide advice on knowledge and technology transfer. 5 Amended by the Annex to the FA of 17 Dec. 2021 (Changes in the Funding of Innovation), in force since 1 Jan. 2023 (AS 2022 221; BBl 2021 480). 6 Amended by the Annex to the FA of 17 Dec. 2021 (Changes in the Funding of Innovation), in force since 1 Jan. 2023 (AS 2022 221; BBl 2021 480). |
Art. 4 Participation in legal entities 7
Innosuisse may participate in non-profit-making legal entities under private or public law if part of the Federal Council's strategic objectives. 7 Amended by the Annex to the FA of 17 Dec. 2021 (Changes in the Funding of Innovation), in force since 1 Jan. 2023 (AS 2022 221; BBl 2021 480). |
Section 3 Structure |
Art. 6 Board of Directors: position, election, structure and vested interests
1 The Board of Directors is the highest decision-making body. It consists of 5-7 members from science and industry who are specialised in supporting innovation. 2 The Federal Council periodically elects the Chairman and members of the Board of Directors for a 4–year term of office. It may re-elect them. No member of the Board of Directors may remain in office for more than 8 years. The Chairman may not remain in office for more than 12 years, including the amount of time spent as a member of the Board of Directors. The Federal Council may dismiss members of the Board of Directors if there are important grounds to do so.8 3 Nominees for election to the Board of Directors must disclose their vested interests to the Federal Council. 4 The members of the Board of Directors must perform their tasks and duties with due care and must safeguard the interests of Innosuisse in good faith. They must disclose their vested interests. 5 The Board of Directors shall take organisational precautions to protect Innosuisse interests and avoid conflicts of interest. 6 The Federal Council shall decide the fees and other contractual terms for members of the Board of Directors. The contract between the members of the Board of Directors and Innosuisse is governed by public law. 7 The members of the Board of Directors shall keep the Board of Directors abreast of any changes to their vested interests. The latter shall provide the Federal Council with an update on the vested interests situation in the annual report. If a given vested interest is incompatible with Board of Directors membership and if the member fails to divest himself or herself of the conflicting vested interest, then the Board of Directors shall ask the Federal Council to dismiss this member. 8 The members of the Board of Directors are obliged to maintain confidentiality regarding official matters both during and after their term of office on the Board of Directors. 8 Second and fourth sentences amended by the Annex to the FA of 17 Dec. 2021 (Changes in the Funding of Innovation), in force since 1 Jan. 2023 (AS 2022 221; BBl 2021 480). |
Art. 7 Board of Directors: Tasks
1 The Board of Directors shall have the following tasks:
2 It may establish a compliance office to assist it in its supervisory role. |
Art. 8 Executive Committee
1 The Executive Committee is the operative body. It is led by a CEO. 2 It shall carry out the following tasks in particular:
11 Amended by the Annex to the FA of 17 Dec. 2021 (Changes in the Funding of Innovation), in force since 1 Jan. 2023 (AS 2022 221; BBl 2021 480). 13 Inserted by the Annex to the FA of 17 Dec. 2021 (Changes in the Funding of Innovation), in force since 1 Jan. 2023 (AS 2022 221; BBl 2021 480). 14 Amended by the Annex to the FA of 17 Dec. 2021 (Changes in the Funding of Innovation), in force since 1 Jan. 2023 (AS 2022 221; BBl 2021 480). |
Art. 9 Innovation Council: position, election, structure and vested interests
1 The Innovation Council is the specialised body of Innosuisse for the tasks referred to in Article 10 below. 2 It shall be comprised of at least 15 and no more than 25 members. 3 The criteria for the election of nominees to the Innovation Council are the person’s performance record in science-based innovation and the relevance of said performance in terms of practical applications for business and society. 4 Members shall be elected for a four-year term of office and may be re-elected. No member of the Innovation Council may remain in office for more than 8 years.15 5 Nominees for election to the Innovation Council must disclose their vested interests to the Board of Directors. 6 The members of the Innovation Council must perform their tasks and duties with due care and must safeguard the interests of Innosuisse in good faith. Each member must disclose his or her vested interests. 7 The members of the Innosuisse Council shall keep the Board of Directors abreast of any changes to their vested interests. The latter shall provide an update of the vested interests situation in the annual report. If a given vested interest is incompatible with Innovation Council membership and if the member fails to divest himself or herself of the conflicting vested interest, then the Board of Directors shall dismiss this member. 8 The members of the Innovation Council are obliged to maintain confidentiality regarding official matters both during and after their term of office on the Innovation Council. 15 Amended by the Annex to the FA of 17 Dec. 2021 (Changes in the Funding of Innovation), in force since 1 Jan. 2023 (AS 2022 221; BBl 2021 480). |
Art. 10 Innovation Council: Tasks
1 The Innovation Council shall have the following tasks:
2 It may propose experts to the Board of Directors to lend support in the evaluation of applications in its area of responsibility and for the purpose of supervising project work. These experts shall be subject to the provisions of Article 9, paragraphs 5-8, on disclosure of vested interests and official secrecy where applicable. 16 Amended by the Annex to the FA of 17 Dec. 2021 (Changes in the Funding of Innovation), in force since 1 Jan. 2023 (AS 2022 221; BBl 2021 480). 17 Amended by the Annex to the FA of 17 Dec. 2021 (Changes in the Funding of Innovation), in force since 1 Jan. 2023 (AS 2022 221; BBl 2021 480). |
Art. 11 Auditing Body
1 The Federal Council shall appoint the Auditing Body. 2 The Auditing Body and audits shall be subject to the provisions of federal legislation applying by analogy to regular audits of stock companies. 3 The Auditing Body shall verify the annual financial statements and the status report on implementation of a suitable risk management system as well as the information on human resources development. 4 It shall provide the Board of Directors and the Federal Council with a comprehensive audit report. 5 The Federal Council may have the auditing body clarify certain issues. 6 The Federal Council may dismiss the Auditing Body. |
Section 4 Personnel |
Art. 12 Employment contracts
1 The members of the Executive Committee and other personnel shall be subject to:
2 The Board of Directors shall, where necessary, issue additional implementing provisions on employment contracts; said provisions shall require Federal Council approval. 3 Innosuisse is an employer within the meaning of Article 3 paragraph 2 FPA. |
Art. 13 Pension fund
1 The members of the Executive Committee and other personnel are insured with the Federal Pension Fund (PUBLICA) under Articles 32a–32m FPA20. 2 Innosuisse is an employer under Article 32b paragraph 2 FPA. It is part of PUBLICA. Article 32d paragraph 3 FPA shall apply. |
Section 5 Funding and Budget |
Art. 17 Annual report
1The annual report shall be comprised of the annual financial statements (individual financial statements) and the management report. 2The annual financial statements shall be comprised of a balance sheet, income statement and notes to the annual financial statements. 3The management report shall include, in particular, information on risk management, personnel policy priorities and the vested interests of members of Innosuisse bodies and the experts referred to in Article 10 paragraph 2. 4The annual financial statements and management report shall be audited by the Auditing Body. |
Art. 18 Financial reporting
1 Innosuisse financial reporting presents an accurate picture of net assets, financial position and results of operations. 2 This financial reporting adheres to the principles of materiality, completeness, comprehensibility, consistency and gross presentation and is based on generally accepted standards. 3 The accounting and valuation rules derived from accounting principles must be disclosed in the annex to the balance sheet. 4 The operational accounting system must be structured in such a way that expenses and income from the individual funding activities can be reported. 5 The Federal Council may issue rules on financial reporting. |
Art. 19 Reserves
1Innosuisse may form reserves. Third-party funds referred to in Article 16 paragraph 2 may be allocated to the reserves. 2Reserves may not exceed 15 per cent of the respective annual budget.22 Third-party funds shall not be included in the calculation. 3 The Federal Council may decide that the maximum percentage under paragraph 2 may be exceeded in exceptional cases and for a limited period of time if Innosuisse's off-balance sheet commitments for innovation funding justify this measure.23 22 Amended by the Annex to the FA of 17 Dec. 2021 (Changes in the Funding of Innovation), in force since 1 Jan. 2023 (AS 2022 221; BBl 2021 480). 23 Inserted by the Annex to the FA of 17 Dec. 2021 (Changes in the Funding of Innovation), in force since 1 Jan. 2023 (AS 2022 221; BBl 2021 480). |
Art. 20 Treasury management
1The Federal Finance Administration (FFA) shall manage Innosuisse's liquid assets as part of its centralised treasury management activities. 2In order to ensure that Innosuisse has adequate liquidity to perform its duties under Article 3, the FFA shall grant Innosuisse loans under market terms and conditions. 3 The FFA and Innosuisse shall formalise the details in a public law contract. |
Art. 22 Real estate property
1 The Confederation shall lease the necessary real estate property to Innosuisse. 2 The Confederation shall retain ownership of said real estate property. The Confederation shall also provide for maintenance. 3 The Confederation shall lease the real estate property to Innosuisse for a reasonable sum. 4 The reasons for the lease and specific details shall be formalised in a public law contract between the Confederation and Innosuisse. 5 Innosuisse may, in consultation with the Confederation, lease the necessary properties from a source outside the Confederation or secure usufruct from third parties if this is expedient. |
Section 6 Funding Ordinance |
Art. 23
The Board of Directors shall establish the following in the Funding Ordinance:
24 Inserted by the annex of the FA of 17 Dec. 2021 (Changes to Innovation Promotion), in force since 1 Jan. 2023 (AS 2022 221; BBl 2021 480). 26 Inserted by the annex of the FA of 17 Dec. 2021 (Changes to Innovation Promotion), in force since 1 Jan. 2023 (AS 2022 221; BBl 2021 480). 27 Amended by the Annex to the FA of 17 Dec. 2021 (Changes in the Funding of Innovation), in force since 1 Jan. 2023 (AS 2022 221; BBl 2021 480). |
Section 8 Final Provisions |
Art. 27 Establishment of Innosuisse
1The Commission for Technology and Innovation (CTI) shall become Innosuisse. Innosuisse shall enter into existing legal relationships and shall revise these where necessary. 2 The Federal Council shall determine the date on which Innosuisse shall acquire its own legal personality. 3 It shall specify the rights, obligations and assets transferred to Innosuisse and shall approve the corresponding inventory. It shall determine the commencement of legal effects and approve the opening balance sheet. 4 It shall issue provisions, pass resolutions and take all other measures necessary for the transfer. In particular, it may provide Innosuisse with the funds set aside for the CTI in the federal budget, provided that the funds required for Innosuisse tasks are not yet available at the time of entry into force of this Act. 5 The transfer of rights, obligations and assets as well as entries in the trade register and other public registers in connection with the establishment of Innosuisse are tax-free and not subject to any fees. 6 The creation of Innosuisse is not subject to the Federal Act of 3 October 200328 on Mergers, Demergers, Transformations and Transfers of Assets and Liabilities. |
Art. 28 Transfer of employment contracts
1 The employment contracts of CTI Secretariat staff shall be transferred to Innosuisse on the date determined by the Federal Council and shall be subject to its personnel ordinance from that date. The appointment of the members of the Executive Committee remains reserved. 2 There is no entitlement to continuation of any given role, work area, work location and hierarchical position. However, there is an entitlement to receive the same previous salary for two years, provided that an employment contract exists. 3 Within two months at the latest, Innosuisse shall issue a new employment contract to personnel transferred to Innosuisse to replace the previous contract. No trial period may be used in this contract. 4 Staff complaints pending at the time of transfer of employment contracts shall be assessed under previous legislation. |
Art. 29 Employer of reference
1Innosuisse shall be regarded as the employer of reference for pension recipients:
2Innosuisse shall also be considered as the employer of reference if the disability pension begins after commencement of this Act but the incident causing the disability and corresponding unfitness for work occurred prior to entry into force of this Act. |
Annex |
(Art. 26) |
Amendment of other legislation |
The enactments below are amended as follows: …30 30 The amendments may be consulted under AS 2016 4259. |