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Ordinance on Investment Undertakings (Investment Undertakings ...

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Article 95<br />

Foreign audit offices<br />

A foreign audit company will <strong>on</strong>ly be granted a license if it commits<br />

to engage <strong>on</strong>ly in audit activities and immediately related activities even<br />

abroad.<br />

Article 96<br />

Independence<br />

1) The external audit office may neither take <strong>on</strong> administrative nor<br />

accounting mandates for the investment undertaking and the management<br />

company to be audited, nor any other tasks that are incompatible<br />

with its audit mandate.<br />

2) The fees received for an audit mandate may <strong>on</strong> average amount to<br />

no more than 20% of the entire annual fees received by the external audit<br />

office. Audit mandates for investment undertakings that are managed by<br />

the same management company shall be c<strong>on</strong>sidered a single audit mandate.<br />

Article 97<br />

Duties of the external audit office<br />

1) The external audit offices are obliged to:<br />

a) report to the FMA any changes to its articles of incorporati<strong>on</strong> or<br />

rules and any staffing changes to its organs and of the head auditors;<br />

b) <strong>on</strong>ly entrust the supervisi<strong>on</strong> of audits to auditors who have been reported<br />

to the FMA and who fulfill the necessary c<strong>on</strong>diti<strong>on</strong>s;<br />

c) report the head of mandate and the head auditor to the FMA before<br />

beginning the audit; and<br />

d) submit their business report to the FMA every year.<br />

2) The FMA may demand informati<strong>on</strong> c<strong>on</strong>cerning the reas<strong>on</strong>s for<br />

resignati<strong>on</strong> or dismissal of members of the general management and of<br />

the head auditors reported to the FMA.<br />

57

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