Best Accounting & Auditing Lawyers in Arlesheim

About Accounting & Auditing Law in Arlesheim, Switzerland

Accounting and auditing in Arlesheim follow Swiss federal law that applies across all cantons, with some cantonal procedures for registrations and taxes administered locally in Basel-Landschaft. Businesses in Arlesheim typically keep books and prepare annual financial statements under the Swiss Code of Obligations, and audits are performed by auditors licensed by the national Audit Oversight Authority. While Swiss law is harmonized nationally, practical steps such as entries in the commercial register, corporate tax filings, and communications with authorities are handled at the cantonal level in Basel-Landschaft, the canton where Arlesheim is located.

Switzerland offers flexible accounting frameworks. Statutory financial statements must comply with Swiss company law, while consolidated or additional financial reporting can follow a recognized accounting standard such as Swiss GAAP FER or IFRS when required or chosen. Many small and medium enterprises in Arlesheim qualify for a limited audit or can opt out entirely if they meet strict conditions, while larger or public interest companies must undergo an ordinary audit and meet additional reporting duties.

Why You May Need a Lawyer

Setting up the right accounting and audit framework at incorporation or during growth often benefits from legal advice. A lawyer can help you choose the appropriate accounting standard, determine whether an audit is required, and draft the correct shareholder and board resolutions to comply with law.

Companies facing an ordinary vs limited audit threshold question, or an opt-out decision for small entities, commonly seek legal guidance to ensure proper corporate approvals, disclosures to shareholders, and correct filings with the commercial register where needed.

When your board encounters capital loss or overindebtedness concerns, Swiss company law imposes timely actions and potential court notification. Legal counsel coordinates closely with accountants and auditors to design a restructuring plan, manage creditor communication, and reduce director liability risk.

Transactions such as mergers, demergers, capital increases, or contributions in kind require special audit reports and precise formalities. Lawyers prepare transaction documents, coordinate the special auditor appointment, and handle registry submissions in Basel-Landschaft.

Disagreements with auditors about accounting policies, going concern assessments, or independence can escalate quickly. Legal support helps clarify duties, manage auditor changes, and protect your position with regulators and stakeholders.

Non-financial reporting and supply chain due diligence obligations for larger or public interest entities raise governance and disclosure issues. Counsel helps scope applicability, draft compliant reports, and align with board responsibilities.

Investigations, whistleblowing, or suspected fraud may require a forensic accounting review and careful privilege management. A lawyer structures the investigation, preserves evidence, and coordinates with forensic accountants and auditors.

Local Laws Overview

Swiss Code of Obligations accounting rules apply to most Arlesheim businesses. Sole proprietorships and partnerships with annual turnover of at least CHF 500,000 must keep full accounts and prepare financial statements. Smaller enterprises below that threshold may keep simplified cash accounting and records of assets and liabilities. Companies limited by shares and limited liability companies always keep full accounts.

Annual financial statements generally include a balance sheet, income statement, and notes. Larger companies also prepare a management report and a cash flow statement. The board prepares the annual report and submits it to the general meeting for approval, typically within six months after the financial year end. Accounting records and business correspondence must be retained for 10 years, and digital storage is allowed if integrity, availability, and readability are ensured.

Audit requirements are tiered. An ordinary audit is mandatory for public interest companies and for companies that exceed two of the following thresholds in two successive financial years: CHF 20 million in total assets, CHF 40 million in sales, 250 full-time equivalents. Ordinary audits must be carried out by a licensed audit expert and include a broader scope of testing and reporting.

A limited audit applies to most other companies that are entered in the commercial register. It is less extensive than an ordinary audit and can be performed by a licensed auditor. Companies with fewer than 10 full-time equivalents can opt out of the audit if all shareholders agree and there is no requirement for an audit from law, statutes, or lenders. The opt-out must be validly resolved and properly recorded.

Groups of companies must usually prepare consolidated financial statements if they control one or more entities, unless they qualify for statutory exemptions or are consolidated into higher-level statements. Where consolidated accounts are required, a recognized standard such as Swiss GAAP FER or IFRS is often used. Listed companies and regulated financial institutions follow stricter requirements and oversight.

Auditors must be independent and licensed by the Swiss Audit Oversight Authority. Independence restrictions limit the non-audit services an auditor may provide to an audit client. Companies can change auditors through proper shareholder resolutions, subject to rules that preserve audit quality and access to prior working papers in certain circumstances.

Basel-Landschaft specifics include commercial register procedures handled by the cantonal office, corporate tax administration at the cantonal tax authority, and local practices in German language. Various corporate transactions require filings and, in some cases, special audit reports for capital contributions, mergers, and demergers. VAT registration and accounting are federal but administered by the Swiss Federal Tax Administration, with local implications for invoicing and record retention.

Recent reforms updated Swiss company law, including audit thresholds, liquidation and restructuring duties, and certain governance topics. Larger public interest companies have non-financial reporting obligations on environmental, social, human rights, and anti-corruption matters, with climate-related disclosures being phased in for certain listed entities. Separate due diligence and reporting duties may apply to conflict minerals and child labor risks depending on activity and size, with exemptions for most small and medium enterprises.

Frequently Asked Questions

What is the difference between a limited audit and an ordinary audit

A limited audit is a review of the financial statements with analytical procedures and inquiries, resulting in limited assurance. An ordinary audit involves a full audit with extensive testing and provides reasonable assurance. The ordinary audit is required for larger or public interest companies, while the limited audit applies to most other companies unless an opt-out is validly adopted.

Can a small company in Arlesheim opt out of an audit

Yes, if the company averages fewer than 10 full-time equivalents, all shareholders agree in writing, and there is no legal, statutory, or contractual requirement to be audited. The opt-out must be resolved by the general meeting and recorded. Lenders or investors may require an audit despite the statutory opt-out option.

Which accounting standards can I use for my statutory accounts

Statutory accounts are prepared under the Swiss Code of Obligations. In addition, companies may choose a recognized standard such as Swiss GAAP FER or IFRS for a true-and-fair view or for consolidated financial statements, especially if they seek financing, are part of a group, or plan to list securities.

When are consolidated financial statements required

Consolidation is generally required when a company controls one or more entities, unless statutory exemptions apply or the group is consolidated by a higher-level parent. Public interest status and size influence the requirement and the applicable accounting standard. Legal advice helps assess eligibility for exemptions and the best reporting framework.

How long must I keep accounting records

Swiss law requires retention of accounting records and business correspondence for 10 years from the end of the financial year. Digital storage is allowed if the integrity and readability are preserved and authorities can access the records when needed.

What are my obligations if my company has a capital loss or is overindebted

The board must monitor liquidity and solvency, take timely restructuring measures, and, in cases of overindebtedness, assess whether court notification is required. These duties are strict and time sensitive. Legal counsel coordinates with auditors and advisors to limit director liability risk and to navigate standstill agreements, subordination, or capital measures.

Can my auditor also provide bookkeeping or tax services

Auditor independence rules restrict services to audit clients. Some non-audit services are compatible for limited audits in smaller entities, but safeguards are required. For ordinary audits and public interest entities, the restrictions are stricter. It is essential to agree on permissible services in engagement letters and to avoid conflicts of interest.

Do I have to file my financial statements with an authority

Most private companies do not file their annual financial statements with a public registry, but they must provide them to shareholders and, in certain cases, to creditors. Listed companies and regulated entities have additional publication and filing obligations. Specific transaction reports, such as special audit reports for capital changes, are filed with the commercial register.

What languages and currencies can I use

Financial statements can be prepared in an official Swiss language such as German, which is commonly used in Arlesheim, and the currency can be Swiss francs or the functional currency of the business. The chosen language and currency should be applied consistently and disclosed in the notes.

What triggers non-financial reporting and due diligence obligations

Certain large or public interest companies that meet employee and size thresholds must publish a non-financial report covering environmental, social, employee, human rights, and anti-corruption topics. Separate due diligence and reporting may apply to conflict minerals and child labor risks for businesses in relevant supply chains above thresholds. Many small and medium enterprises are exempt, but it is important to assess applicability annually.

Additional Resources

Basel-Landschaft Commercial Register Office Handelregisteramt Basel-Landschaft handles company registrations, capital changes, and filings related to special audit reports.

Basel-Landschaft Cantonal Tax Administration Steuern BL provides guidance and deadlines for corporate income tax returns and supports electronic filings.

Swiss Audit Oversight Authority RAB-ASR licenses and supervises auditors and audit firms across Switzerland and issues independence guidance.

Swiss Federal Tax Administration VAT Division sets rules on VAT registration, invoicing, and record keeping for businesses operating in Switzerland.

EXPERTsuisse the Swiss Experts Association for Audit, Tax and Fiduciary publishes professional guidance on Swiss GAAP FER and audit practice.

Treuhand Suisse the association of fiduciary professionals offers directories of trusted accounting and payroll providers for SMEs.

Chamber of Commerce for the Basel region supports local businesses with seminars on accounting, tax, and corporate governance topics.

Federal Office of Justice provides information on company law, accounting reforms, audit requirements, and corporate governance developments.

Next Steps

Clarify your objectives. Identify whether you need help with statutory accounts, an audit requirement assessment, a transaction that needs a special audit report, a restructuring, or compliance with new reporting duties.

Assemble key documents. Gather your latest financial statements, management accounts, articles of association, shareholder agreements, prior audit reports, financing agreements, and board minutes. Having these ready accelerates legal analysis.

Assess audit scope and timing. Map your headcount, assets, and revenue against audit thresholds and confirm any lender or investor requirements. Decide early to avoid bottlenecks ahead of year end and the general meeting.

Engage local professionals. Contact a lawyer experienced in Swiss accounting and audit law, and coordinate with a licensed auditor or fiduciary provider familiar with Basel-Landschaft practices. Confirm independence requirements before engaging your auditor for other services.

Plan governance actions. Schedule board and shareholder meetings, prepare resolutions for audit appointments or opt-outs, and align your internal controls and documentation for the chosen accounting framework.

Monitor compliance calendars. Track deadlines for the annual report, general meeting, tax filings, and any non-financial or due diligence reports. Set reminders and assign responsibilities to avoid penalties or delays.

If you are unsure where to start, arrange an initial consultation with a legal advisor in Arlesheim to scope your needs, estimate costs, and define a practical roadmap tailored to your business size and sector.