Implementing Provisions on the BVG and Foundation Supervision of Aargau (Ausführungsbestimmungen BVSA) - Inspection of Annual Reports

1. Institutions for occupational benefits must submit the annual report, duly signed and with the necessary documents for verification, to the BVG and Foundation Supervision Aargau (BVSA) no later than six months after the end of the financial year, without being requested to do so.

2. If an occupational benefits institution has an underfunding according to Art. 44 of the Ordinance on Occupational Old Age, Survivors', and Disability Benefits (BVV2) of April 18, 1984, the annual report must be submitted to the BVSA no later than four months after the end of the financial year.

3. The BVSA may prescribe certain forms to be used for reporting.

4. The BVSA reviews the annual reporting documents of the occupational benefits institutions. It performs the duties pursuant to Art. 62 of the Federal Act on Occupational Old Age, Survivors', and Disability Benefits (BVG) of June 25, 1982.

1. Regulations issued after the establishment of the foundation and their amendments must be submitted to the BVSA along with the signed minutes.

2. The BVSA examines whether the regulations and their amendments have been legally established and are in compliance with the law and the deed of foundation.

**1. The BVSA must be submitted annually, within 6 months of the end of the financial year, unsolicited and duly signed:**

a) * ...

b) * an annual financial statement approved and duly signed by the Board of Trustees, consisting of the balance sheet and profit and loss account with the previous year's figures and the appendix,

c) * minutes concerning the approval of the annual financial statement,

d) * an auditor's report, if such is legally required or provided for in the foundation document or the regulations,

e) * any management report according to Art. 961c of the Federal Act on the Amendment of the Swiss Civil Code (Part Five: Code of Obligations) of March 30, 1911,

f) * for companies primarily controlled by the foundation, also the annual financial statement and the auditor's report of the controlled company and, where applicable, the consolidated financial statement,

g) * any additional documents requested by the BVSA, specifically the comprehensive report in the case of a regular audit.

**2. The BVSA may require from the foundations all relevant information, particularly access to all documents such as books, vouchers, correspondences, minutes, and, if necessary, obtain an expert opinion at the foundation's expense.**

**3. It may prescribe the use of specific forms for reporting, as well as specific disclosures in the notes to the annual financial statement.**

1. With the application for amendment of the foundation charter or organizational dissolution without liquidation, the following must be submitted to the BVSA

a) * upon express request of the BVSA, the valid version of the foundation charter,

b) * the resolution of the competent foundation body with the wording of the amendments or an application of the founder, as well as the corresponding minutes.

2. ...

3. After the dissolution of the foundation, the BVSA approves the final accounting and authorizes the registrar to delete it from the commercial register.

1. With the application for the determination of dissolution and authorization for liquidation, a statement regarding the intended use of the foundation's assets, along with the corresponding protocols, must be submitted to the BVSA.

2. Upon approval of the application, the BVSA oversees the execution of the liquidation, approves the final statement of accounts, and authorizes the commercial registry office to delete the foundation.

1. The supervisory authority may exempt a foundation from the obligation to appoint an auditor if the conditions under Art. 83b para. 2 of the Swiss Civil Code (ZGB) of December 10, 1907, as well as the Ordinance on the Auditors of Foundations of August 24, 2005, are met and simple financial circumstances exist. The decision is to be communicated to the Commercial Registry Office. The exemption can be revoked at any time.

2. If the foundation is exempt from the obligation to appoint an auditor, it must annually confirm that

a) the annual financial statements are complete and all relevant business transactions and facts are depicted in accordance with the law (Declaration of Completeness),

b) the assets have been used in accordance with the purpose, and

c) the conditions for the exemption continue to be met.

3. If the foundation voluntarily appoints an auditor, their report must be included with the reporting documents.

1. The BVSA carries out its functions in accordance with Art. 62 of the BVG mutatis mutandis. The supervisory measures pursuant to Art. 62a of the BVG are available to it mutatis mutandis.

1. The BVSA maintains a register of all supervised classical foundations under Chapter 2. The register contains the name, registered office, and purpose of the foundations, as well as the date of establishment of the foundation and the date supervision was assumed.

1. These implementing provisions were adopted by the Board of Directors with a resolution dated April 22, 2013, and shall enter into force on August 1, 2013, subject to approval by the Government Council.