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A-08-01 AOA

Auditor Oversight Act

  • FR DE EN IT
  • Federal Assembly
  • Status as of 1 January 2020
  • Original date : 16 December 2005
  • Former version
  • History
  • Classified compilation :  221.302

Projets en cours

  • FR DE EN IT
  • Federal Assembly
  • Status as of 1 January 2020
  • Original date : 16 December 2005
  • Former version
  • History
  • Classified compilation :  221.302

Projets en cours

Comments? Corrections?

Articles en relation

Initial Coin Offering

When do investment tokens become securities ?

In a ruling dated 16 January 2024 (B_4185/2020), the Federal Administrative Court (FAT) upheld a FINMA decision of 19 June 2020 finding that a Swiss company and one of its directors had, as a group, engaged in unlawful securities trading, in the absence of authorisation, as an issuing house that had offered securities in the form of investment tokens to the public on a professional basis. As part of an initial coin offering (ICO) with a foreign issuer, the Swiss[...]

Insider trading

Front running and the reasonable investor test

Do a fund manager's own plans and intentions constitute insider information if he engages in front running? This is the question that the Criminal Affairs Court of the Federal Criminal Court is answering in a case involving a former manager of second-pillar pension funds for employees of the canton of St. Gallen. In July 2022, the Office of the Attorney General of Switzerland (OAG) filed an indictment against a former employee of the Finance Department of the Canton of St.[...]

Too big to fail

The Financial Stability Board publishes its second report

The Financial Stability Board (FSB) welcomes Switzerland's progress in implementing the Too Big To Fail (TBTF) rules, but stresses that there is still work to be done. Its second peer review report of 29 February 2024 covers the period 2022-2023 and targets systemically important banks (SIBs) operating internationally. The FSB's ten recommendations can be summarised as follows: Increase FINMA's resources quantitatively and qualitatively: in addition to increasing the size of its teams, the FSB recommends a strengthening of expertise to[...]

Internal investigation

Criminal procedural guarantees do not apply

Employers are not obliged to implement the minimum guarantees of criminal procedure in the context of internal investigations, according to ruling 4A_368/2023 of 19 January 2024. An employee had worked for a bank since 2010. In August 2018, a colleague reported the employee internally for sexual harassment, which led to the opening of an internal investigation. Following the investigation report, the Bank terminated the employment contract. The employee contested his dismissal on the grounds that it was unfair. The Zurich[...]

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