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Federal Act
on the Licensing and Oversight
of Auditors
(Auditor Oversight Act, AOA)

of 16 December 2005 (status as at 1 January 2020)

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:9
a.
com­pan­ies in­cor­por­ated un­der for­eign law whose shares are lis­ted on a Swiss stock ex­change;
b.10
com­pan­ies in­cor­por­ated un­der for­eign law whose bonds are lis­ted on a Swiss stock ex­change;
c. and d.11...

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.12

4Audit firms to which the li­cens­ing ob­lig­a­tion does not ap­ply in ac­cord­ance with para­graph 2 are re­quired to re­gister with the Over­sight Au­thor­ity. The Fed­er­al Coun­cil shall stip­u­late the rel­ev­ant re­quire­ments.13

5The Over­sight Au­thor­ity shall lay down rules gov­ern­ing the dis­clos­ure of audit firms that are not sub­ject to state over­sight.14

9 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).

10 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).

11 Nev­er came in­to force / ir­rel­ev­ant.

12 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).

13 In­ser­ted 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).

14 In­ser­ted 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).