Best Accounting & Auditing Lawyers in Dornach

About Accounting & Auditing Law in Dornach, Switzerland

Accounting and auditing in Dornach operate under Swiss federal law, primarily the Swiss Code of Obligations. Dornach is in the canton of Solothurn, so company registrations and tax filings interact with the Solothurn cantonal authorities, but the core accounting and auditing rules are the same across Switzerland. Businesses in the Dornach and Basel area also face cross-border considerations due to proximity to France and Germany, which can influence VAT, consolidated reporting, and group audit coordination.

Swiss law sets clear requirements on who must keep accounts, how financial statements are prepared, when an audit is required, what type of audit applies, and how auditors are licensed and supervised. For regulated entities and public interest companies, oversight is stricter and handled at the federal level. Small and medium enterprises have streamlined options such as limited audits or audit opt-outs when conditions are met.

Why You May Need a Lawyer

Choosing the right legal and accounting framework at the outset can save time and reduce risk. A lawyer can help you determine whether your Dornach business needs an ordinary audit, a limited audit, or can opt out, and can draft the necessary corporate resolutions and shareholder agreements to support that choice.

Disputes sometimes arise over audit findings, management representation letters, going concern assessments, or restatements. Legal support helps you communicate with auditors, protect directors and officers from personal liability, and manage shareholder expectations.

Transactions and reorganizations often require careful accounting treatment. A lawyer can coordinate with your accountants on mergers, spinoffs, dividends, capital reductions, reserves, and distributions so that corporate law, tax rules, and financial reporting align.

If you face a tax audit, a regulatory inquiry, or suspicions of irregularities, counsel can guide internal reviews, whistleblowing procedures, and remediation steps. This reduces exposure to penalties and helps satisfy duties to the board, creditors, and authorities.

International operations add complexity. Cross-border VAT, transfer pricing documentation, intercompany agreements, and consolidated financial statements often benefit from legal structuring to meet Swiss requirements while remaining competitive globally.

Local Laws Overview

Accounting obligations are set by the Swiss Code of Obligations. Legal entities and sole proprietorships or partnerships with at least CHF 500,000 in annual turnover must keep accounts and prepare financial statements. Smaller businesses below that threshold may use simplified receipts-and-payments accounting with a statement of assets and liabilities.

Financial statements must present a true and fair view and typically include a balance sheet, income statement, and notes. Record retention is generally 10 years. Books and records can be kept in a recognized functional currency and in English, provided disclosures are made and Swiss franc amounts are available where required for tax and capital protection purposes.

Audit requirements fall into three categories. Ordinary audits apply to public companies, entities that must prepare consolidated financial statements, entities that exceed certain size thresholds, and certain regulated companies. Limited audits apply by default to many companies that do not meet the ordinary audit criteria. Very small companies with fewer than 10 full time employees on average may opt out of the audit with unanimous consent of all shareholders.

Thresholds for an ordinary audit are met when any two of the following are exceeded in two successive financial years: total assets of CHF 20 million, revenue of CHF 40 million, and 250 full time employees on average. If thresholds are not met, a limited audit is generally sufficient unless an audit is waived by valid opt out.

Auditors must be independent and appropriately licensed. Public interest audits are overseen by the Federal Audit Oversight Authority. Appointment and removal of the auditor is decided by the shareholders meeting. The auditor reports to the shareholders and, in certain circumstances, informs the board of serious breaches. Auditors and boards must pay special attention to overindebtedness and insolvency indicators, and the board has duties to act promptly, including preparing interim financial statements and notifying a court if conditions require it.

VAT is administered by the Federal Tax Administration. Many Dornach businesses are VAT liable once Swiss turnover passes registration thresholds. Accounting systems must support accurate VAT reporting, including cross border supplies common in the Basel region.

Listed companies, banks, insurers, and other regulated entities may need to apply recognized accounting standards like IFRS or Swiss GAAP FER in addition to the Swiss Code of Obligations, and must follow sector specific rules and oversight.

Directors and officers can face civil and sometimes criminal liability for severe accounting breaches, false reporting, unlawful distributions, or failure to act in case of overindebtedness. A robust compliance and documentation framework is essential.

Frequently Asked Questions

Do I need an audit for my Dornach based company

Audit requirements depend on your legal form, size, and sector. Public companies, companies over the ordinary audit thresholds, and regulated entities require an ordinary audit. Most other companies fall under limited audit. If you have fewer than 10 full time employees on average, shareholders can unanimously opt out of any audit.

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

An ordinary audit provides a higher level of assurance, includes a broader risk assessment, internal control work, and detailed testing, and results in an audit opinion with reasonable assurance. A limited audit is narrower in scope, relies more on inquiries and analytical procedures, and provides limited assurance that nothing has come to the auditor’s attention indicating a material misstatement.

Can we opt out of the audit

Yes, if your company has fewer than 10 full time employees on average and all shareholders consent in writing, you can opt out. The opt out must be documented by a shareholders resolution and recorded in corporate documents. Creditors cannot block a valid opt out, but they may consider it in lending decisions.

What accounting framework must I use

All Swiss companies follow the Swiss Code of Obligations for bookkeeping and financial reporting. In addition, listed and regulated entities may be required by listing rules or sectoral laws to use a recognized standard such as IFRS or Swiss GAAP FER. Non listed companies sometimes adopt Swiss GAAP FER voluntarily to enhance transparency.

Can we keep our accounts in English and in a foreign currency

Yes, Swiss law allows bookkeeping and reporting in a functional currency and in English if you provide required disclosures and ensure Swiss franc amounts are available for tax and capital protection calculations. Your auditor and tax authority will expect clear exchange rate policies and reconciliations.

How long must we keep accounting records

The general retention period is 10 years for accounting records, vouchers, and business correspondence. Electronic archiving is acceptable if integrity, availability, and readability are ensured throughout the retention period.

Who appoints and removes the auditor

The shareholders meeting appoints the auditor annually and can remove the auditor subject to legal safeguards. The board proposes the auditor and fee, but shareholders make the decision. Changes should be properly justified and documented to avoid concerns about auditor independence or disagreements.

When are consolidated financial statements required

Groups that control one or more subsidiaries must prepare consolidated financial statements if they exceed certain thresholds or if consolidation is needed for a reliable assessment of the economic position. Public interest entities must consolidate under applicable standards and oversight rules.

What happens if the company is overindebted

The board must act without delay. This can include preparing interim financial statements at going concern and at liquidation values, seeking creditor subordination, and if overindebtedness persists, notifying a court. Auditors assess these matters within their mandate and communicate findings to the board and shareholders.

How do VAT and cross border operations affect accounting in Dornach

Many Dornach businesses trade across the nearby borders. You must determine place of supply, apply correct VAT rates, and document exports and imports accurately. Keep robust systems for VAT reconciliations and evidence. Errors in VAT accounting can trigger assessments and penalties by the Federal Tax Administration.

Additional Resources

Federal Audit Oversight Authority - the national body supervising auditors and audit firms in Switzerland.

Swiss Code of Obligations - the primary source of accounting and auditing requirements for Swiss companies.

Federal Tax Administration - the authority responsible for Swiss VAT and federal tax matters.

EXPERTsuisse - the professional association of Swiss auditors, tax experts, and fiduciaries that publishes guidance and best practices.

Swiss GAAP FER Foundation - the organization that issues Swiss GAAP FER accounting standards.

SIX Exchange Regulation - the regulatory body for listed companies on the Swiss exchange, including financial reporting rules.

Canton of Solothurn Commercial Register - the registry for company incorporations, changes, and filings affecting entities based in Dornach.

Canton of Solothurn Tax Office - the cantonal authority handling corporate tax assessments and deadlines for Dornach businesses.

Swiss Financial Market Supervisory Authority - for audit and reporting rules applicable to banks, insurers, and other regulated financial entities.

Swiss Foundation Supervisory Authorities - federal or cantonal bodies supervising foundations that may impose specific audit and reporting obligations.

Next Steps

Assess your current status by mapping your legal form, employee count, revenue, total assets, and sector. This will show whether you need an ordinary audit, a limited audit, or can opt out. Confirm whether consolidation applies and whether any listing or regulatory rules impose additional standards.

Gather key documents, including the most recent financial statements, articles of association, shareholder register, board minutes, accounting policies, major contracts, and any existing auditor communications. Having a complete file accelerates legal and audit reviews.

Book an initial consultation with a lawyer experienced in Swiss corporate and accounting law. Ask for a compliance health check covering audit requirements, board procedures, dividend capacity, capital protection, VAT systems, and record retention practices.

Coordinate with your auditor or fiduciary. If you plan to change audit type or opt out, your lawyer can prepare resolutions and shareholder consents, and update corporate records. If you require an ordinary audit, confirm the auditor’s licensing status and independence.

Set a timeline that works backward from your financial year end. Plan for inventory counts, impairment testing, board approval of the annual report, the general meeting within the statutory period, and tax filings with the canton of Solothurn. Include any translation or currency conversion steps if you use a functional currency.

Establish ongoing controls. Document accounting policies, maintain VAT evidence, and create a calendar for filings and board reviews. In case of financial distress indicators, engage legal counsel early to manage duties regarding interim accounts and possible court notifications.

If you are unsure at any step, seek professional advice. Proper planning and clear documentation are the safest path to compliant accounting and auditing in Dornach.