The Appointment of Auditor Resolution is a critical corporate governance document required under Swiss law when a company needs to appoint or reappoint its statutory auditors. It becomes necessary either annually or at specified intervals as required by the Swiss Code of Obligations, or when there is a need to replace existing auditors. The resolution must comply with Articles 727-731b of the Swiss Code of Obligations and related audit regulations, which set forth specific requirements regarding auditor independence, qualifications, and appointment procedures. The document serves as official evidence of proper corporate authorization and typically includes details about the audit firm's qualifications, independence declarations, scope of services, and term of appointment. It's particularly important for maintaining compliance with Swiss corporate law and establishing the legal basis for the auditor-company relationship.
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1. Company Details: Legal name, registration number, and registered office of the company
2. Meeting Information: Date, time, location, and type of meeting (e.g., board meeting, general assembly)
3. Attendance and Quorum: List of attendees and confirmation that quorum requirements were met
4. Background: Brief context for the appointment (e.g., expiry of previous auditor's term, requirement for statutory audit)
5. Resolution Text: Formal resolution language appointing the auditor, including full legal name and address of the audit firm
6. Term of Appointment: Duration of the appointment and specification of the financial year(s) to be audited
7. Auditor Details: Confirmation of auditor's qualifications and independence as required by Swiss law
8. Authorization: Authorization for specific individuals to execute any necessary documents
9. Signatures: Space for required signatures (typically chairman and secretary of the meeting)
1. Audit Type Specification: Required only when specifying whether ordinary or limited audit will be conducted, based on company size and shareholder requirements
2. Compensation: Include when the resolution also covers approval of auditor's compensation
3. Previous Auditor Statement: Required when there is a change of auditors, including statement about previous auditor's resignation or dismissal
4. Special Requirements: Include for regulated entities or listed companies requiring additional audit procedures
5. Group Audit Provisions: Required only if the company is part of a group structure requiring consolidated audits
1. Auditor Acceptance Letter: Written confirmation from the appointed audit firm accepting the engagement
2. Auditor Independence Declaration: Declaration confirming the auditor's independence as required by Swiss law
3. Auditor Qualification Evidence: Copies of relevant licenses and registrations of the audit firm
4. Previous Auditor Correspondence: If applicable, any relevant correspondence from the previous auditor regarding their cessation
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