Commentaries: Art. 46

Any person who as an agent wilfully and seriously violates the supervisory provisions by:¹
1. ² falsely stating essential information in the report or withholding essential information;
2. failing to make a mandatory report to FINMA; or
3. failing to make an order under Article 27 to the audited supervised person or entity,

is liable to a custodial sentence of up to three years or to a monetary penalty. 2. Where the offender acts through negligence, he or she is liable to a fine of up to 250 000 francs. 3. .³

Amended by Annex No 8 of the FA of 20 June 2014 (Consolidation of Oversight through Audit Companies), in force since 1. Jan. 2015 (AS 2014 4073;BBl 2013 6857). ↩
Amended by Annex No 8 of the FA of 20 June 2014 (Consolidation of Oversight through Audit Companies), in force since 1. Jan. 2015 (AS 2014 4073;BBl 2013 6857). ↩
Repealed by Annex No 13 of the Financial Market Infrastructure Act of 19 June 2015, with effect from 1 Jan. 2016 (AS 2015 5339;BBl 2014 7483). ↩

Art. 46

Footnotes