Yes. It is nevertheless advisable to indicate any possible violations of legal or professional standards to the FAOA via the external whistleblowing platform.

The FAOA only informs the public about ongoing and completed proceedings if this is necessary for reasons of overriding public or private interest (Art. 19 para. 2 AOA).

As third parties who provide information or indicate breaches are not parties to the proceedings, they are generally not entitled to be informed about the status or outcome of the evaluation of the information and indication submitted (Art. 71 APA). They further have no legal remedy against any rulings made based on their indication (see Federal Supreme Court ruling 2C_98/2023 of June 14, 2023, E. 6.4).

If overriding public or private interests of the third party providing the information so require, the FAOA may refuse to allow the parties to the proceedings to access the files, at least in part (Art. 27 para. 1 APA). This however only occurs to the extent that the legal right of the party to the proceedings to be heard is not curtailed and it remains possible to consider all legally relevant facts.

Further information:

• The FAOA provides information about its activities and practices (Art. 19 para. 1 AOA) in its annual report. It further reports on any information received in anonymized form.
• The FAOA publishes legally binding court judgments on its website, provided they are listed in the public judgment database of the issuing court (court judgments). These are anonymized in accordance with the rules applicable to the courts.
• It also publishes rulings of fundamental importance as leading cases on its website.
• In addition, the FAOA provides anonymized information about enforcement proceedings concluded in the first instance on its website by publishing the subject matter of the proceedings and the measures ordered.

Describe the case as clearly and in as much detail as possible and state why you believe there has been a significant violation or breach of legal or professional standards.

The indication should contain at least the following information:

• the individual or audit firm concerned,
• a description of the facts
• the relevant date or time period.

The legal or professional standards you believe have been violated should ideally be named.

It is also helpful if you create an (anonymous) mailbox on the external reporting platform and check it sporadically using your login details, or if you provide us with your telephone number or email address so that we can contact you if we have any questions.

Indications received are reviewed by the FAOA. If the FAOA considers that there have been relevant violations or breaches, preliminary investigations are conducted with the individual or audit firm concerned. If the suspicion of relevant violations is substantiated, then:

• administrative proceedings are initiated against the licensed audit firm or the licensed individual, or
• a notification is submitted to the competent special supervisory authority (Art. 22 AOA), the stock exchange (Art. 23 AOA) or the law enforcement authorities (Art. 24 AOA).

You can submit your indication anonymously via the external whistleblowing platform. The FAOA treats your information as confidential in accordance with the applicable legal framework.

The facts must however be usable against the person(s) reported. If administrative proceedings are initiated on the basis of your report, the persons reported are generally entitled to access the files within the scope of their rights as parties. You can therefore inform the FAOA if significant private interests require confidentiality (Art. 27 para. 1 let. b APA), in particular with regard to your identity. Please specify exactly which information is to be anonymized.

It is difficult to draw up a definitive list of relevant violations and breaches. However, the FAOA is particularly interested in the following violations committed by audit firms or auditing companies and by auditors in charge or lead auditors for audits under the financial markets acts:

• Provision of statutory audit services without the appropriate licence (Art. 40 para. 1 let. a AOA);
• Violation of the provisions on independence (Art. 728 and 729 CO, Art. 11 AOA, EXPERTsuisse independence guidelines, IESBA Code of Ethics);
• Violation of reporting obligations (Art. 14, 15, and 15a AOA);
• Violation of applicable legal provisions and professional or ethical rules (including auditing standards and regulatory provisions) by audit firms under state oversight and their employees and partners;
• Circumstances that could call the assurance of an auditor, audit expert, or auditor for proper auditing activities into question (Art. 4 AOO).

Please also note:

• The FAOA has only limited powers over companies that are not public-interest entities; it is not an ombudsman (e.g. in fee disputes) and does not rule on possible civil law claims against an audit firm or a licensed individual.

Information about possible violations of the accounting regulations for issuers listed on the SIX Swiss Exchange can be submitted to SIX Exchange Regulation.