OR Art. 728 -
Einleitung zur Rechtsnorm OR:
The Swiss Code of Obligations is a central code of Swiss civil law that regulates the legal relationships between private individuals. It includes five books that cover various aspects of contract law, law of obligations and property law, including the formation, content and termination of contracts, as well as liability for breach of contract and tort. The Code of Obligations is an important code of law for business and everyday life in Switzerland, as it forms the basis for many legal relationships and contracts and has been in force since 1912, whereby it is regularly adapted to social and economic developments.
Art. 728 OR from 2025
Art. 728 Ordinary audit 1. Independence of the external auditor
1 The external auditor must be independent and form its audit opinion objectively. Its true or apparent independence must not be adversely affected.
2 The following are in particular not compatible with independence:1. membership of the board of directors, any other decision-making function in the company or any employment relationship with it;2. a direct or significant indirect participation in the share capital or a substantial claim against or debt due to the company;3. a close relationship between the person managing the audit and a member of the board of directors, another person in a decision-making function, or a major shareholder;4. the involvement in the accounting or the provision of any other services which give rise to a risk that the external auditor will have to review its own work;5. the assumption of a duty that leads to economic dependence;6. the conclusion of a contract on non-market conditions or of a contract that establishes an interest on the part of the external auditor in the result of the audit;7. the acceptance of valuable gifts or of special privileges.
3 The provisions on independence apply to all persons involved in the audit. If the external auditor is a partnership or a legal entity, then the provisions on independence also apply to the members of the supreme management or administrative body and to other persons with a decision-making function.
4 Employees of the external auditor that are not involved in the audit may not be members of the board of directors or exercise any other decision-making function in the company being audited.
5 There is no independence if persons who do not meet the requirements of independence are closely associated with the external auditor, persons involved in the audit, the members of the supreme management or administrative bodies or others persons with a decision-making function.
6 The provisions on independence also apply to undertakings controlled by the company or the external auditor or that control the company or the external auditor. (1)
(1) Amended by No I of the FA of 19 June 2020 (Company Law), in force since 1 Jan. 2023 ([AS 2020 4005]; [2022 109]; [BBl 2017 399]).
Es besteht kein Anspruch auf Aktualität und Vollständigkeit/Richtigkeit.
